The Law To Know

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Rape and sexual assault: penalties in each state and country

Sexual contact without consent, or with a person who cannot consent. The most serious degree usually involves force, serious injury or a very young victim.

What to look for: Some states add mandatory supervision after release, or no probation at all.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.

34 states covered so far

Alabama

2 to 20 years (second degree) up to life or 99 years (first degree)

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Where the victim of first-degree rape is under 12, the sentence is determined under the capital-sentencing article, and a life sentence there requires at least 30 years before parole consideration.

Alaska

Up to 10 years (second degree) up to 99 years (first degree)

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  • Sexual assault in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Up to $100,000

    Presumptive range for a first felony conviction: 1 to 3 years (higher in some listed circumstances). The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.41.420; AS 12.55.125(d); AS 12.55.035(b)

  • Sexual assault in the first degree (under AS 11.41.410(a)(1)(A), (2), (3) or (4)) (Unclassified felony)

    Least
    No minimum term set by the statute
    Most
    99 years
    Fine
    Up to $500,000

    Presumptive range for a first felony conviction: 20 to 30 years if the victim was 13 or older; 25 to 35 years if the victim was under 13, or a firearm or dangerous instrument was used, or serious physical injury was caused. The court may adjust it under AS 12.55.155 to 12.55.175.

    AS 11.41.410; AS 12.55.125(i); AS 12.55.035(b)

The most serious form, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3) or (4), carries up to 99 years. The presumptive range for a first felony conviction is 20 to 30 years if the victim was 13 or older, and 25 to 35 years if the victim was under 13 or a firearm or dangerous instrument was used or serious physical injury was caused. The ranges for the other forms of the first degree were not read.

Arizona

5.25 to 14 years, and no probation

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  • Sexual assault (Class 2 felony)

    Least
    5.25 years
    Most
    14 years
    Fine
    Fine of up to $150,000

    A first offence: usual term 7 years. The person is not eligible for probation or suspension of the sentence. Longer ranges apply for a prior conviction (7 to 21 years and 14 to 28 years) and if serious physical injury was knowingly caused, life imprisonment is possible (§ 13-1406).

    A.R.S. § 13-1406; § 13-801

California

3 to 8 years (rape), and 15 or 25 years to life in aggravated cases

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  • Rape (Felony)

    Least
    3 years
    Most
    8 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 3, 6 or 8. The court chooses among them.

    Cal. Penal Code § 261; § 264(a)

  • Rape of a child under 14 (by force, violence or fear) (Felony)

    Least
    9 years
    Most
    13 years
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Three possible terms set by the statute: 9, 11 or 13. The court chooses among them.

    Cal. Penal Code § 261; § 264(c)(1)

  • Rape under the 'one strike' law (aggravating circumstances) (Felony)

    Least
    15 years to life
    Most
    25 years to life
    Fine
    Fine of up to $10,000, where the offence sets no fine (§ 672)

    Applies where the listed circumstances are found, such as using a weapon, causing serious injury or committing the offence against more than one victim.

    Cal. Penal Code § 667.61

Colorado

A class 4 felony; a class 3 felony in aggravated circumstances; a class 2 felony in the most serious

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Sexual offences in Colorado are sentenced under part 10 of article 1.3 (indeterminate sentences). That part was not read, so the ordinary class range is shown.

Connecticut

A class B felony (first degree sexual assault, with 2 years that may not be suspended); a class A felony if the victim is under 13

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Delaware

Up to 15 years (fourth degree) up to life (first degree)

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Florida

Up to 15 years up to life, or death in the most serious case

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  • Sexual battery on an adult without the use of such force (Felony of the second degree)

    Least
    No minimum term set by the statute
    Most
    Up to 15 years
    Fine
    Fine of up to $10,000

    Fla. Stat. § 794.011; § 775.082; § 775.083

  • Sexual battery under listed circumstances, or with such force (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    A term of years up to life
    Fine
    Fine of up to $10,000

    A first-degree felony, punishable in some cases by a term of years up to life.

    Fla. Stat. § 794.011; § 775.082; § 775.083

  • Sexual battery on a child under 12 by a person 18 or older (Capital felony)

    Least
    No minimum term set by the statute
    Most
    Death, or life imprisonment with no parole

    A capital felony, punishable as provided in §§ 775.082, 921.141 and 921.1425.

    Fla. Stat. § 794.011; § 775.082

Florida calls this 'sexual battery'. The class depends on the age of the victim and whether physical force and violence likely to cause serious injury was used.

Idaho

At least 1 year, and the term may extend to life (rape)

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  • Rape: penetration, however slight, in the circumstances listed in § 18-6101 (for example, a victim under 16 and a perpetrator 18 or older, or by force or threat) (Offence)

    Least
    1 year
    Most
    Life imprisonment

    Idaho Code § 18-6104

Illinois

A Class 1 felony (criminal sexual assault) up to a Class X felony (aggravated criminal sexual assault)

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  • Criminal sexual assault (Class 1 felony)

    Least
    4 years
    Most
    15 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    A repeat offence under paragraph (a)(1) or (a)(2) is a Class X felony with a term of 30 to 60 years.

    720 ILCS 5/11-1.20; 730 ILCS 5/5-4.5-30

  • Aggravated criminal sexual assault (Class X felony)

    Least
    6 years
    Most
    30 years
    Fine
    Up to $25,000, or the amount specified in the offence if greater

    Ten years are added to the term for a violation of subsection (a)(1), and fifteen years for subsection (a)(8).

    720 ILCS 5/11-1.30; 730 ILCS 5/5-4.5-25

Iowa

Up to 10 years (third degree) to life without parole (first degree)

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  • Sexual abuse in the third degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 10 years
    Fine
    Fine of $1,370 to $13,660

    Iowa Code § 709.4; § 902.9

  • Sexual abuse in the second degree (Class B felony)

    Least
    No minimum term set by the statute
    Most
    Up to 25 years

    Iowa Code § 709.3; § 902.9

  • Sexual abuse in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment, with no parole unless the Governor commutes the sentence

    Where the person causes another serious injury in the course of the abuse.

    Iowa Code § 709.2; § 902.1

Maine

Up to 10 years (Class B) up to 30 years (Class A)

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Maine calls the offence 'gross sexual assault', a sexual act with compulsion or with a victim under 14. A sexual act with threat or drugs is a Class B crime.

Maryland

Up to 20 years (second degree) up to life (first degree)

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  • Rape in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Up to 20 years

    Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 15 years to life, with no suspension and no parole during the 15 years.

    Md. Code, Crim. Law § 3-304

  • Rape in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment; life without the possibility of parole for the forms in subsection (b), and for a repeat offender

    Where a person 18 or older commits it against a child under 13 and the State gives 30 days' written notice, the sentence is 25 years to life without parole, with no suspension and no parole during the 25 years.

    Md. Code, Crim. Law § 3-303

Massachusetts

Up to 20 years (rape); life or any term of years (aggravated rape; rape of a child with force)

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Rape (ch. 265, § 22(b)) is sexual intercourse or unnatural sexual intercourse compelled by force or threat of bodily injury. The aggravated form, § 22(a), covers rape that results in or is committed with serious bodily injury, by a joint enterprise, or during listed offences. Rape of a child under 16 by force or threat is punished by life or any term of years (§ 22A).

Michigan

Life or any term of years (criminal sexual conduct in the first degree)

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  • Criminal sexual conduct in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    Life or any term of years. The minimum is 25 years where an individual 17 or older commits it against a child under 13.

    Mich. Comp. Laws § 750.520b

Criminal sexual conduct in the first degree (§ 750.520b) covers sexual penetration in listed circumstances, such as a victim under 13, force or coercion, or personal injury. Where an adult aged 17 or older commits it against a child under 13, the sentence is life or any term of years but not less than 25 years, and life without the possibility of parole applies to some repeat offenders aged 18 or older.

Minnesota

Up to 10 years (fourth degree) up to 30 years (first degree)

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  • Criminal sexual conduct in the fourth degree (Felony)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine of up to $20,000

    Minn. Stat. § 609.345

  • Criminal sexual conduct in the third degree (Felony)

    Least
    No minimum term set by the statute
    Most
    15 years
    Fine
    A fine of up to $30,000

    Minn. Stat. § 609.344

  • Criminal sexual conduct in the second degree (Felony)

    Least
    No minimum term set by the statute
    Most
    25 years
    Fine
    A fine of up to $35,000

    Minn. Stat. § 609.343

  • Criminal sexual conduct in the first degree (Felony)

    Least
    No minimum term set by the statute
    Most
    30 years
    Fine
    A fine of up to $40,000

    Minn. Stat. § 609.342

Minnesota calls these offences 'criminal sexual conduct' and grades them in four degrees by the nature of the act and the circumstances (penetration or contact, force, age of the victim, and the relationship). The maximum shown is for an offence against an adult or a minor of the kind that the degree covers. Mandatory minimum sentences apply to repeat sex offenders (§ 609.3455), which we have not read.

Missouri

A class A felony: 10 to 30 years, or life (first-degree rape)

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  • Rape in the first degree (Class A felony)

    Least
    10 years
    Most
    30 years, or life imprisonment

    Where the offence is an aggravated sexual offence, the term is life imprisonment as defined in the section.

    Mo. Rev. Stat. § 566.030; §§ 558.002, 558.011

Montana

Life imprisonment, or up to 20 years; life or 4 to 100 years if the victim is under 16 and the offender is 4 or more years older, or the offender inflicts bodily injury

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  • Sexual intercourse without consent (Offence)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Up to $50,000, in addition

    The court may impose life imprisonment, or a term of up to 20 years.

    Mont. Code Ann. § 45-5-503(2)

  • Sexual intercourse without consent, where the victim is under 16 and the offender is 4 or more years older, or the offender inflicts bodily injury in the course of the offence (Offence)

    Least
    4 years
    Most
    100 years (or life imprisonment)
    Fine
    Up to $50,000, in addition

    Mont. Code Ann. § 45-5-503(3)(a)

Nebraska

A Class II felony: 1 to 50 years (first degree); a Class IB felony with a 15 year minimum (a child, first degree)

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Nevada

A category A felony: life with parole after 10 years (no substantial bodily harm); life with parole after 15 years or life without parole (substantial bodily harm)

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  • Sexual assault, where no substantial bodily harm results (Category A felony)

    Least
    10 years before parole eligibility
    Most
    Life imprisonment, with the possibility of parole

    Nev. Rev. Stat. § 200.366

  • Sexual assault, where substantial bodily harm results (Category A felony)

    Least
    Life with parole after 15 years, or life without parole
    Most
    Life imprisonment without the possibility of parole

    Nev. Rev. Stat. § 200.366

  • Sexual assault of a child under 16, where substantial bodily harm results (Category A felony)

    Least
    Life without parole
    Most
    Life imprisonment without the possibility of parole

    Nev. Rev. Stat. § 200.366

New Hampshire

A class B felony (felonious sexual assault) up to a class A felony (aggravated felonious sexual assault)

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Aggravated felonious sexual assault (RSA 632-A:2) is a class A felony, subject to extended terms under RSA 632-A:10-a for some forms, which were not read. Felonious sexual assault (RSA 632-A:3) is a class B felony.

New York

Up to 4 years (third degree) up to life (predatory sexual assault)

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  • Rape in the third degree (Class E felony)

    Least
    No minimum term set by the statute
    Most
    4 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 130.25; § 70.00

  • Rape in the second degree (Class D felony)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).

    N.Y. Penal Law § 130.30; § 70.00

  • Rape in the first degree (Class B violent felony)

    Least
    5 years
    Most
    25 years
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A violent felony offense, followed by a period of post-release supervision.

    N.Y. Penal Law § 130.35; § 70.02

  • Predatory sexual assault (Class A-II felony)

    Least
    A life sentence with a minimum term set by the statute
    Most
    Life
    Fine
    Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)

    A longer minimum applies than for other class A-II felonies (§ 70.00(3)).

    N.Y. Penal Law § 130.95; § 70.00

North Carolina

Class C (second degree) up to Class B1 (first degree)

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  • Second-degree forcible rape (Class C felony)

    Least
    44 months (3 years 8 months)
    Most
    123 months (10 years 3 months)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.

    N.C. Gen. Stat. § 14-27.22; § 15A-1340.17

  • First-degree forcible rape (Class B1 felony)

    Least
    144 months (12 years)
    Most
    372 months (31 years)
    Fine
    Fine in the court's discretion, in addition to imprisonment

    Prior Record Level I: the minimum term runs from 144 to 300 months (mitigated 144 to 192, presumptive 192 to 240, aggravated 240 to 300). The maximum is set from the minimum by G.S. 15A-1340.17(e): 372 months where the minimum is 300. Active prison is required.

    N.C. Gen. Stat. § 14-27.21; § 15A-1340.17

North Dakota

Up to 20 years (class A) up to life without parole (class AA)

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  • Gross sexual imposition (Class A felony)

    Least
    No minimum term set by the statute
    Most
    20 years
    Fine
    A fine of up to $20,000

    N.D. Cent. Code § 12.1-20-03; § 12.1-32-01

  • Gross sexual imposition in the class AA cases (serious bodily injury, a victim under 15 and an offender aged 22 or older, or a death) (Class AA felony)

    Least
    20 years (5 years in exceptional cases)
    Most
    Life imprisonment without parole

    For a class AA conviction under subdivision a of subsection 1, the court must impose a minimum of 20 years' imprisonment, with probation to follow, unless it finds a manifest injustice in the case, and then at least 5 years of incarceration.

    N.D. Cent. Code § 12.1-20-03; § 12.1-32-01

North Dakota's main offence is 'gross sexual imposition': a sexual act with compulsion by force or threat, with a victim whose power to resist has been impaired without their knowledge, or with a victim under 15 years of age. It is a class AA felony if the actor inflicts serious bodily injury, for some offences against victims under 15 by an offender aged 22 or older, or if the victim dies.

Ohio

Felony of the first degree

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Rape (R.C. 2907.02) is engaging in sexual conduct by force or threat of force, with a person whose ability to resist is substantially impaired, or with a person under 13. Rape of a child under 13 carries heavier penalties than the ordinary F1 range, including life, set in R.C. 2907.02(B).

Pennsylvania

A felony of the first degree (up to 20 years); up to 40 years (rape of a child); up to life (rape of a child with serious bodily injury)

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  • Rape: sexual intercourse by forcible compulsion, by threat of forcible compulsion, or in the other circumstances listed in § 3121(a) (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    20 years

    18 Pa.C.S. § 3121(a); §§ 1103

  • Rape of a child (a complainant under 13) (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    40 years

    18 Pa.C.S. § 3121(c), (e)(1)

  • Rape of a child resulting in serious bodily injury (Felony of the first degree)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    18 Pa.C.S. § 3121(d), (e)(2)

Rhode Island

At least 10 years, and up to life (first-degree sexual assault)

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  • First-degree sexual assault: sexual penetration by force or coercion, of a mentally incapacitated or physically helpless victim, or by surprise, among other circumstances (Offence)

    Least
    10 years
    Most
    Life imprisonment

    R.I. Gen. Laws § 11-37-3

South Carolina

Up to 10 years (third degree) up to 30 years (first degree)

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South Dakota

Up to 15 years (fourth degree) up to life (first degree)

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Rape in the first degree is rape of a victim under 13. Rape in the second degree is by force, coercion or threats. Rape in the third degree involves a victim incapable of consent by mental or physical incapacity or through intoxication or hypnosis. Rape in the fourth degree is rape of a victim aged 13 to 15 by a person at least three years older, or without the victim's consent.

Texas

2 to 20 years up to 5 to 99 years, or life

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  • Sexual assault (Felony of the second degree)

    Least
    2 years
    Most
    20 years
    Fine
    Fine of up to $10,000

    A first-degree felony in listed circumstances, such as certain victims the actor was prohibited from marrying.

    Tex. Penal Code § 22.011; § 12.33

  • Aggravated sexual assault (Felony of the first degree)

    Least
    5 years
    Most
    99 years, or life
    Fine
    Fine of up to $10,000

    The minimum is raised to 25 years if the victim was under 6, or under 14 and the offence was committed in a manner described in § 22.021(a)(2)(A) (§ 22.021(f)).

    Tex. Penal Code § 22.021; § 12.32

Vermont

At least 3 years and up to life, and a fine of up to $25,000

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  • Sexual assault (Offence)

    Least
    3 years
    Most
    Life imprisonment
    Fine
    Up to $25,000, in addition

    The minimum and maximum apply to violations of subsections (a), (b), (d) or (e). A violation of subsection (c) carries up to 20 years and a fine of up to $10,000.

    13 V.S.A. § 3252

Virginia

5 years to life

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  • Rape (Felony (term set by the statute))

    Least
    5 years
    Most
    Life
    Fine
    Fine of up to $100,000

    If the offender was 18 or older and the victim was under 13, the sentence includes a mandatory minimum term of life.

    Va. Code § 18.2-61; § 18.2-10(g)

Washington

Up to 5 years (third degree) up to life (first and second degree)

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  • Rape in the third degree (Class C felony)

    Least
    No minimum term set by the statute
    Most
    Up to 5 years
    Fine
    Fine of up to $10,000

    RCW 9A.44.060; RCW 9A.20.021

  • Rape in the second degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.44.050; RCW 9A.20.021

  • Rape in the first degree (Class A felony)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment
    Fine
    Fine of up to $50,000

    RCW 9A.44.040; RCW 9A.20.021

West Virginia

15 to 35 years and a fine of $1,000 to $10,000 (first-degree sexual assault)

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  • Sexual assault in the first degree (Offence)

    Least
    15 years
    Most
    35 years
    Fine
    $1,000 to $10,000, in addition

    Where the offender is 18 or older and the victim is under 12, the penalty is 25 to 100 years and a fine of $5,000 to $25,000 (§ 61-8B-3(c)).

    W. Va. Code § 61-8B-3(b)

32 countries covered so far

Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.

Algeria

5 to 10 years (rape) up to life (rape in the aggravated cases)

Show the degrees and the articles
  • Rape (Crime (réclusion))

    Least
    5 years
    Most
    10 years' réclusion

    Penal Code of Algeria, art. 336

  • Rape of a girl under 16 (Crime (réclusion))

    Least
    10 years
    Most
    20 years' réclusion

    Penal Code of Algeria, art. 336

  • Rape by an ascendant, a person in authority, a teacher, a public official or minister of religion, or with the help of others (Crime (réclusion))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment (réclusion criminelle à perpétuité)

    Penal Code of Algeria, art. 337

Argentina

6 months to 4 years (sexual abuse) up to 8 to 20 years (aggravated sexual abuse with penetration)

Show the degrees and the articles
  • Sexual abuse (art. 119, first paragraph) (Prisión or reclusión)

    Least
    6 months
    Most
    4 years

    Código Penal (Argentina), art. 119

  • Sexual abuse that amounts to a gravely outrageous sexual subjugation of the victim (Prisión or reclusión)

    Least
    4 years
    Most
    10 years

    Código Penal (Argentina), art. 119

  • Sexual abuse with penetration (anal, vaginal or oral access, or acts with objects or parts of the body through the first two) (Prisión or reclusión)

    Least
    6 years
    Most
    15 years

    Código Penal (Argentina), art. 119

  • Sexual abuse with penetration, aggravated (grave harm to health, committed by an ascendant, descendant, guardian or similar, by two or more persons or with arms, by police or security personnel in the course of duty, or against a minor under 18 living with the offender, among others) (Prisión or reclusión)

    Least
    8 years
    Most
    20 years

    Código Penal (Argentina), art. 119

Argentina uses the term 'abuso sexual'. The basic offence (art. 119) covers sexual abuse of a person under 13, or with violence, threat, coercive abuse of a relationship of dependence, authority or power, or taking advantage of a person who cannot freely consent.

Austria

6 months to 5 years (sexual coercion) up to 10 to 20 years or life (rape resulting in death)

Show the degrees and the articles
  • Geschlechtliche Nötigung (compelling a sexual act by violence or a dangerous threat) (Straftat (Freiheitsstrafe))

    Least
    6 months
    Most
    5 years

    5 to 15 years where serious injury or other grave consequences result, and 10 to 20 years or life where it results in death (§ 202(2)).

    Strafgesetzbuch (Austria), § 202(1)

  • Vergewaltigung (rape: compelling intercourse or a similar act by violence, deprivation of liberty or a threat to life or limb) (Straftat (Freiheitsstrafe))

    Least
    2 years
    Most
    10 years

    Strafgesetzbuch (Austria), § 201(1)

  • Vergewaltigung with serious injury, pregnancy, a long period of torment or special degradation (Straftat (Freiheitsstrafe))

    Least
    5 years
    Most
    15 years

    Strafgesetzbuch (Austria), § 201(2)

  • Vergewaltigung resulting in the death of the victim (Straftat (Freiheitsstrafe))

    Least
    10 years (up to 20 years if a fixed term is chosen)
    Most
    Life imprisonment (lebenslange Freiheitsstrafe)

    Strafgesetzbuch (Austria), § 201(2)

Brazil

6 to 10 years (rape) up to 12 to 30 years (rape resulting in death)

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  • Estupro (forcing a person, by violence or serious threat, to have intercourse or another sexual act) (Reclusão (the more serious kind of prison))

    Least
    6 years
    Most
    10 years

    Código Penal (Brazil), art. 213

  • Estupro causing serious bodily injury, or of a victim under 18 and over 14 (Reclusão (the more serious kind of prison))

    Least
    8 years
    Most
    12 years

    Código Penal (Brazil), art. 213 §1

  • Estupro de vulnerável (sexual intercourse or another sexual act with a person under 14, or one who cannot resist) (Reclusão (the more serious kind of prison))

    Least
    10 years
    Most
    18 years

    Código Penal (Brazil), art. 217-A

  • Estupro resulting in death (Reclusão (the more serious kind of prison))

    Least
    12 years
    Most
    30 years

    Código Penal (Brazil), art. 213 §2

Bulgaria

2 to 8 years (rape); 3 to 10 years (aggravated); 3 to 15 years (most serious)

Show the degrees and the articles

The text read defines rape as sexual intercourse with a woman who is unable to defend herself and does not consent, who is coerced by force or threat, or who is brought into a helpless state (art. 152(1)). The Code has other provisions for sexual acts against other victims, which were not read.

Canada

Up to 10 years (sexual assault) up to life (aggravated sexual assault)

Show the degrees and the articles
  • Sexual assault (Hybrid offence (indictable or summary))

    Least
    1 year if the complainant is under 16 (6 months on summary conviction)
    Most
    10 years (14 years if the complainant is under 16)

    On summary conviction the maximum is two years less a day.

    Criminal Code (Canada), s. 271

  • Sexual assault with a weapon, threats to a third party or causing bodily harm (Indictable offence)

    Least
    4 years if a firearm is used; 5 years if the complainant is under 16
    Most
    14 years (life if the complainant is under 16)

    Criminal Code (Canada), s. 272(2)

  • Aggravated sexual assault (wounding, maiming, disfiguring or endangering life) (Indictable offence)

    Least
    4 years if a firearm is used; 5 years if the complainant is under 16
    Most
    Imprisonment for life

    Criminal Code (Canada), s. 273(2)

China

3 to 10 years (rape) up to at least 10 years, life or death (aggravated)

Show the degrees and the articles
  • Rape (强奸罪) (Crime (fixed-term imprisonment))

    Least
    3 years
    Most
    10 years' fixed-term imprisonment

    Criminal Law of the PRC, art. 236(1)

  • Rape in an aggravated case (a bad case, multiple victims, in public, gang rape, a girl under 10, or causing serious injury, death or other grave consequences) (Crime (fixed-term imprisonment))

    Least
    10 years (if a fixed term is chosen)
    Most
    Death, or life imprisonment, or fixed-term imprisonment of 15 years

    Criminal Law of the PRC, art. 236(3)

Article 236 defines rape as forcing a woman by violence, coercion or other means. Intercourse with a girl under 14 is treated as rape, with a heavier penalty. The gravest cases include rape in public, by two or more, of a girl under 10, or causing serious injury or death.

Croatia

3 to 8 years (rape); 5 to 12 years (by force or threat)

Show the degrees and the articles

Czechia

2 to 10 years; up to 12 years if aggravated

Show the degrees and the articles

England and Wales

Up to 10 years (sexual assault) and up to life (rape)

Show the degrees and the articles

Finland

1 to 6 years (rape); 2 to 10 years (aggravated rape)

Show the degrees and the articles

Finland defines rape by the absence of voluntary participation (ch. 20, s. 1). A person does not participate voluntarily if they have not shown it in words, behaviour or otherwise, if they were forced by violence or a threat, or if they could not form or express their will for a listed reason (unconsciousness, illness, disability, fear, strong intoxication and others).

France

Up to 5 years (sexual assault other than rape) up to life (rape with torture)

Show the degrees and the articles
  • Sexual assault other than rape (Délit (emprisonnement))

    Least
    No minimum term set by the statute
    Most
    5 years' imprisonment
    Fine
    Fine of up to €75,000

    Code pénal, art. 222-27

  • Rape (any act of sexual penetration or oral-genital contact by violence, constraint, threat or surprise) (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    15 years' criminal imprisonment

    Code pénal, art. 222-23

  • Rape causing mutilation or permanent disability, of a child under 15, or of a vulnerable person (listed circumstances) (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    20 years' criminal imprisonment

    Code pénal, art. 222-24

  • Rape causing the victim's death (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    30 years' criminal imprisonment

    A safety period applies automatically (art. 132-23): no early release for 18 years, which the court can raise to 22 and, in listed cases, to 30 years or to no early release at all.

    Code pénal, art. 222-25

  • Rape preceded, accompanied or followed by torture or barbarous acts (Crime (réclusion criminelle))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment (réclusion criminelle à perpétuité)

    A safety period applies automatically (art. 132-23): no early release for 18 years, which the court can raise to 22 and, in listed cases, to 30 years or to no early release at all.

    Code pénal, art. 222-26

Germany

6 months to 5 years (sexual assault) up to life or at least 10 years (resulting in death)

Show the degrees and the articles
  • Sexuelle Übergriffe (sexual assault against a person's discernible will) (Vergehen (less serious offence: lower minimum, or a fine))

    Least
    6 months
    Most
    5 years

    German Criminal Code (StGB), section 177(1), (2)

  • Sexuelle Nötigung (sexual coercion by force, threat to life or limb, or exploiting a person at the offender's mercy) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    1 year
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 177(5)

  • Vergewaltigung (rape: sexual intercourse or comparable acts, especially degrading, or committed jointly by several people) (Verbrechen (serious offence: minimum term of one year or more))

    Least
    2 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 177(6)

  • Rape or sexual coercion with a weapon carried, or placing the victim at risk of serious damage to health (Verbrechen (serious offence: minimum term of one year or more))

    Least
    3 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 177(7)

  • Rape or sexual coercion with a weapon used, serious physical abuse or danger of death (Verbrechen (serious offence: minimum term of one year or more))

    Least
    5 years
    Most
    15 years (the longest fixed term, section 38)

    German Criminal Code (StGB), section 177(8)

  • Sexual assault, coercion or rape resulting in death (Verbrechen (serious offence: minimum term of one year or more))

    Least
    10 years
    Most
    Imprisonment for life

    Or life imprisonment.

    German Criminal Code (StGB), section 178

German law makes sexual acts against a person's discernible will an offence. Rape is an 'especially serious case' of section 177. Less serious cases have lower ranges (section 177(9)).

Hungary

2 to 8 years (sexual violence); 5 to 10 years (child under 12)

Show the degrees and the articles
  • Sexual violence (szexuális erőszak): sexual coercion by force or a direct threat to life or physical integrity, or using a person's incapacity to resist or to express their will (Offence (deprivation of liberty))

    Least
    2 years
    Most
    8 years

    Criminal Code of Hungary (Btk.), s. 197(1)

  • Sexual act with a person who has not turned 12 (Offence (deprivation of liberty))

    Least
    5 years
    Most
    10 years

    Criminal Code of Hungary (Btk.), s. 197(2)

Iceland

1 to 16 years (rape)

Show the degrees and the articles

Rape (nauðgun, art. 194) is having intercourse or other sexual acts with a person without their consent. Consent is present if it is expressed freely, and absent if violence, threats or other unlawful coercion are used. It is also rape to use deception or exploit a person's mistake about the circumstances, or to exploit a mental illness or other disability or any other state in which the person cannot resist or understand the act.

India

At least 10 years up to life (rape), and at least 20 years up to life where the victim dies

Show the degrees and the articles
  • Rape (Offence (imprisonment of either description))

    Least
    10 years (rigorous imprisonment)
    Most
    Imprisonment for life
    Fine
    A fine may also be imposed

    Bharatiya Nyaya Sanhita, 2023, s. 64(1)

  • Rape that causes the woman's death or leaves her in a persistent vegetative state (Offence (imprisonment of either description))

    Least
    20 years (rigorous imprisonment)
    Most
    Imprisonment for life (the remainder of the person's natural life)

    Bharatiya Nyaya Sanhita, 2023, s. 66

The Sanhita defines rape in s. 63 as penetration in listed ways, without consent or against the woman's will. The aggravated forms in s. 64(2), such as rape by a police officer within the limits of a police station or on a woman in custody, carry higher penalties.

Ireland

Up to 10 years (sexual assault); up to imprisonment for life (rape under section 4, aggravated sexual assault)

Show the degrees and the articles

Sexual assault (Criminal Law (Rape) (Amendment) Act 1990, s. 2) carries up to 10 years, or up to 14 years if the person assaulted was under 17. Aggravated sexual assault (s. 3, serious violence or injury, humiliation or degradation of a grave nature) and 'rape under section 4' (penetration of the anus or mouth by the penis, or of the vagina by an object, s. 4) each carry imprisonment for life. Rape itself is defined in s. 2 of the Criminal Law (Rape) Act 1981. The Acts read did not state its penalty, so none is given here for rape.

Italy

6 to 12 years, increased by a third in the aggravated cases

Show the degrees and the articles
  • Violenza sessuale (sexual violence) (Delitto (reclusione))

    Least
    6 years
    Most
    12 years

    Codice penale (Italy), art. 609-bis

  • Violenza sessuale with the aggravating circumstances of art. 609-ter (Delitto (reclusione))

    Least
    No minimum term set by the statute
    Most
    The penalty of art. 609-bis, increased by one third

    Increased by half where the victim is under 14, and doubled where the victim is under 10.

    Codice penale (Italy), art. 609-ter

Italy has one offence, 'violenza sessuale': forcing a person by violence, threat or abuse of authority to perform or undergo sexual acts, or inducing them by exploiting their inferiority or by deceit. The aggravated cases include a victim who is a child of the offender, the use of weapons or drugs, and others.

Japan

6 months to 10 years (non-consensual indecent act) up to life (rape resulting in death or injury)

Show the degrees and the articles
  • Non-consensual indecent acts (不同意わいせつ) (Crime (detention, 拘禁刑))

    Least
    6 months
    Most
    10 years

    Penal Code (Japan), art. 176

  • Non-consensual sexual intercourse etc. (不同意性交等) (Crime (detention, 拘禁刑))

    Least
    5 years
    Most
    20 years (the longest fixed term, art. 12)

    Penal Code (Japan), art. 177

  • Non-consensual indecent acts resulting in death or injury (Crime (detention, 拘禁刑))

    Least
    3 years
    Most
    Life imprisonment (detention for life)

    Life or a fixed term of at least 3 years.

    Penal Code (Japan), art. 181(1)

  • Non-consensual sexual intercourse etc. resulting in death or injury (Crime (detention, 拘禁刑))

    Least
    6 years
    Most
    Life imprisonment (detention for life)

    Life or a fixed term of at least 6 years.

    Penal Code (Japan), art. 181(2)

The 2023 reform replaced 'rape' with 'non-consensual sexual intercourse etc.' (不同意性交等). It does not depend on force. It covers a person made unable to form, express or act on an unwillingness by violence or threat, by drugs or alcohol, by sleep, by fear, by abuse of a position, and other listed causes. The same offences apply to any act with a person under 16 (for 13 to 15, only where the offender was born five or more years earlier).

Latvia

4 to 10 years (rape); life or 5 to 20 years (group rape, or rape of a minor); life or 10 to 20 years (serious consequences, or victim under 16)

Show the degrees and the articles

Morocco

5 to 10 years (rape) up to 20 years, and up to 30 years in the gravest listed cases

Show the degrees and the articles

Article 486 defines rape as sexual relations by a man with a woman against her will. Articles 487 and 488 raise the penalty where the offender is an ascendant, a person in authority or a guardian, or was helped by others, and in other listed cases, up to 30 years.

Netherlands

Up to 4 years (rape by fault) up to 9 or 12 years (intentional rape)

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The Dutch code defines these offences as sexual acts that involve sexual penetration of the body, with a person who lacks the will to engage in them. It distinguishes rape through fault (schuldverkrachting: the offender had serious reason to suspect that the will was lacking) from intentional rape (opzetverkrachting: the offender knew). The qualified form involves coercion, violence or threat. Article 244 sets out when a person is treated as lacking the will.

New Zealand

Up to 20 years (sexual violation)

Show the degrees and the articles
  • Sexual violation (Offence)

    Least
    No minimum term set by the statute
    Most
    20 years

    There is a presumption of imprisonment (s. 128B(2)).

    Crimes Act 1961, s. 128B(1)

Sexual violation is rape or unlawful sexual connection. A person convicted must be sentenced to imprisonment unless the court thinks, having regard to the particular circumstances of the person convicted and the offence, that they should not be (s. 128B(2) and (3)).

Norway

Up to 6 years (sexual intercourse without consent); up to 10 years (by force or threatening conduct); up to 21 years (aggravated)

Show the degrees and the articles

Norway's rape offence (voldtekt, s. 291) has a lower tier for sexual intercourse with a person who has not consented in words or actions (up to 6 years) and a higher tier for obtaining it by violence or threatening conduct, or with a person who has expressed unwillingness, among others (up to 10 years). The aggravated offence (s. 293) applies to a violation of the higher tier committed by several together, in a particularly painful or degrading way, or where the victim dies as a result.

Portugal

1 to 6 years (rape, coercion by non-violent means); 3 to 10 years (rape by violence or serious threat)

Show the degrees and the articles

Since the 2023 amendment, art. 164(1) covers constraining a person to undergo or perform penetrative acts by any means against the person's recognisable will (1 to 6 years). Art. 164(2) covers the same acts by violence, grave threat, or after making the victim unconscious or unable to resist (3 to 10 years). Sexual coercion (art. 163) covers other sexual acts.

Russia

3 to 6 years (rape) up to 15 to 20 years or life (the gravest forms)

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Article 132 (violent acts of a sexual nature) has the same penalties for acts other than intercourse.

South Korea

At least 3 years (rape); life or at least 5 years if injury is caused

Show the degrees and the articles

Spain

1 to 4 years (agresión sexual) up to 12 to 15 years (violent rape in an aggravated case)

Show the degrees and the articles
  • Agresión sexual (any sexual act without consent) (Pena menos grave (prison of 3 months to 5 years))

    Least
    1 year
    Most
    4 years

    Código Penal (Spain), art. 178(1)

  • Agresión sexual with violence or intimidation, or where the victim's will was annulled (Pena menos grave (prison of 3 months to 5 years))

    Least
    1 year
    Most
    5 years

    Código Penal (Spain), art. 178(3)

  • Violación (agresión sexual by penetration) (Pena grave (prison of more than 5 years))

    Least
    4 years
    Most
    12 years

    Código Penal (Spain), art. 179(1)

  • Violación with violence or intimidation, or where the victim's will was annulled (Pena grave (prison of more than 5 years))

    Least
    6 years
    Most
    12 years

    Código Penal (Spain), art. 179(2)

  • Violación in an aggravated case (acting jointly, extreme violence and others) (Pena grave (prison of more than 5 years))

    Least
    7 years
    Most
    15 years

    12 to 15 years where the rape also involved violence or intimidation (art. 179(2)).

    Código Penal (Spain), art. 180(1)

Since the 2022 law, Spain treats every non-consensual sexual act as agresión sexual. 'Violación' is an agresión sexual with vaginal, anal or oral penetration (or introducing body parts or objects into the first two). The aggravating circumstances of art. 180 include acting jointly, extreme violence, and a particularly vulnerable victim.

Sweden

3 to 6 years (våldtäkt) up to 5 to 12 years (grov våldtäkt)

Show the degrees and the articles
  • Våldtäkt, less serious (mindre grov våldtäkt) (Brott (fängelse))

    Least
    6 months
    Most
    4 years

    Brottsbalken (Sweden), 6 kap. 1 §

  • Våldtäkt (rape: intercourse, or a comparable sexual act, with a person who does not participate voluntarily) (Brott (fängelse))

    Least
    3 years
    Most
    6 years

    Brottsbalken (Sweden), 6 kap. 1 §

  • Våldtäkt mot barn (rape of a child under 15) (Brott (fängelse))

    Least
    3 years
    Most
    6 years

    The article also covers some acts against children of 15 to 17 years in a relationship of dependence on the offender.

    Brottsbalken (Sweden), 6 kap. 4 §

  • Grov våldtäkt (gross rape: violence or threats of an especially serious kind, more than one offender, or an especially young or vulnerable victim) (Brott (fängelse))

    Least
    5 years
    Most
    12 years

    Brottsbalken (Sweden), 6 kap. 1 §

Sweden defines rape by a lack of voluntary participation, not by force. A person can never be considered to participate voluntarily where the participation follows from assault, other violence or a threat of a criminal act, among other listed causes. Rape of a child under 15 is a separate offence.

Switzerland

Up to 3 years (sexual assault) up to 1 to 10 years (rape by coercion), and at least 3 years if cruel or armed

Show the degrees and the articles
  • Sexueller Übergriff (a sexual act against a person's will) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Swiss Criminal Code (StGB), art. 189(1)

  • Sexuelle Nötigung (coercing a sexual act by threat, violence or psychological pressure) (Vergehen (misdemeanour: up to 3 years or a fine))

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    A fine (Geldstrafe) may be imposed instead of prison

    Swiss Criminal Code (StGB), art. 189(2)

  • Vergewaltigung (intercourse or a similar penetrating act against a person's will) (Verbrechen (felony: more than 3 years))

    Least
    No minimum term set by the statute
    Most
    5 years

    Swiss Criminal Code (StGB), art. 190(1)

  • Vergewaltigung by coercion (threat, violence, psychological pressure, or making the person unable to resist) (Verbrechen (felony: more than 3 years))

    Least
    1 year
    Most
    10 years

    Swiss Criminal Code (StGB), art. 190(2)

  • Vergewaltigung by coercion, committed cruelly or with a dangerous weapon or object (Verbrechen (felony: more than 3 years))

    Least
    3 years
    Most
    20 years (the longest fixed term, art. 40)

    Swiss Criminal Code (StGB), art. 190(3)

Since the 2024 reform, Swiss law treats a sexual act or intercourse 'against a person's will' as an offence, without requiring force. Coercion by threat, violence, psychological pressure or making the person unable to resist carries a higher scale.

Taiwan

3 to 10 years (rape); at least 7 years (aggravated)

Show the degrees and the articles

Art. 221 covers sexual intercourse by force, coercion, intimidation, hypnosis or other means against the victim's will. Art. 222 covers aggravated forms, including by two or more persons, against a person under 14, against a person with a mental or physical disability, with drugs, with torment, with a weapon, or by entering a dwelling.

Turkey

5 to 10 years (sexual assault) up to at least 12 years (with penetration), and aggravated life if the victim dies

Show the degrees and the articles
  • Cinsel saldırı (sexual assault that violates bodily integrity) (Crime (hapis, prison))

    Least
    5 years
    Most
    10 years

    2 to 5 years where the act remains at the level of harassment. On the victim's complaint.

    Turkish Penal Code (Law 5237), art. 102(1)

  • Cinsel saldırı by penetration with an organ or other object (Crime (hapis, prison))

    Least
    12 years
    Most
    20 years (the longest fixed term, art. 49)

    Turkish Penal Code (Law 5237), art. 102(2)

  • Çocukların cinsel istismarı (sexual abuse of a child) (Crime (hapis, prison))

    Least
    8 years
    Most
    15 years

    At least 10 years where the child is under 12.

    Turkish Penal Code (Law 5237), art. 103(1)

  • Çocukların cinsel istismarı by penetration with an organ or object (Crime (hapis, prison))

    Least
    16 years
    Most
    20 years (the longest fixed term, art. 49)

    At least 18 years where the child is under 12.

    Turkish Penal Code (Law 5237), art. 103(2)

  • Sexual assault or child abuse where the victim falls into a vegetative state or dies (Crime (hapis, prison))

    Least
    No minimum term set by the statute
    Most
    Aggravated life imprisonment (ağırlaştırılmış müebbet hapis)

    Turkish Penal Code (Law 5237), art. 102(5), 103(6)

Turkey's Penal Code has no offence called 'rape'. Sexual assault by penetration with an organ or object is the aggravated form of art. 102, with a minimum of 12 years. Offences against children are in art. 103. Each is increased by half in the listed aggravated cases, such as a defenceless victim, an abuse of authority, a relative, or more than one person.

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