Louisiana § RS 14:41 - Rape; defined

Full text of Louisiana Louisiana Civil Code § RS 14:41 — Rape; defined, with citation guidance and answers to common questions.

§ RS 14:41. Rape; defined

            A. Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent.

            B. Emission is not necessary, and any sexual penetration, when the rape involves vaginal or anal intercourse, whether the penetration is accomplished using the genitals of the offender or victim or using any instrumentality and however slight, is sufficient to complete the crime.

            C. For purposes of this Subpart, "oral sexual intercourse" means the intentional engaging in any of the following acts with another person:

            (1) The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender.

            (2) The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.

            D. For purposes of this Subpart, "anal sexual intercourse" and "vaginal sexual intercourse" mean the intentional engaging in any of the following acts with another person:

            (1) The penetration of the victim's anus or vagina by the offender using the genitals of the offender.

            (2) The penetration of the offender's anus or vagina by the victim using the genitals of the victim.

            (3) The penetration of the victim's anus or vagina by the offender using any instrumentality, except that normal medical treatment or normal sanitary care shall not be construed as sexual intercourse under the provisions of this Section.

            (4) The penetration of the offender's anus or vagina by the victim using any instrumentality except that normal medical treatment or normal sanitary care shall not be construed as sexual intercourse under the provisions of this Section.

            Acts 1978, No. 239, §1. Acts 1985, No. 587, §1; Acts 1990, No. 722, §§1, 2; Acts 2001, No. 301, §1; Acts 2022, No. 173, §1.

Frequently Asked Questions About Louisiana § RS 14:41

What does Louisiana Civil Code § RS 14:41 cover?

Section RS 14:41 ("Rape; defined") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 14:41?

A common citation format is "Louisiana Civil Code § RS 14:41" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 14:41 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.