Molestation vs Rape.......Question.....

LFitzwater

I would like to know what the legal description of rape is. I was under the impression that rape was when someone is actually penetrated by a person or object.

I am confused because I have noticed that certain people are using the term rape in every incident of abuse. From what I personally know Dan Fitzwater was convicted of Lewdness on a child under 14. (Which to me is every bit as bad as rape) From all the testimony and the things I have heard he did not actually rape his victims. I am not saying he did not rape any. I have not spoken to all of them and not gone into a lot of detail with the ones I do know. I have read a lot of testimony and never saw anywhere where he was accused of rape. And yet that is what Bill is calling it. (Not starting a Bill war here PLEASE. Just trying to get a some input on a definition.)

What is the difference between rape and molestation? Is there one, at least in legal terms?

Laurie Fitzwater

abbagail

Hi Laurie, I would think the same as you already described (rape = penetration; molestation = fondling and anything short of actual penetration). However, to be legally accurate, we should get Concerned Lawyer's opinion.

As for Bill saying "rape," maybe he knows details we don't...??? -- or -- ... I dunno...

Trauma_Hound

rape 1 ( P ) Pronunciation Key (r
n.

The crime of forcing another person to submit to sex acts, especially sexual intercourse.
The act of seizing and carrying off by force; abduction.
Abusive or improper treatment; violation: a rape of justice.

tr.v. raped, raping, rapes

To force (another person) to submit to sex acts, especially sexual intercourse; commit rape on.
To seize and carry off by force.
To plunder or pillage.

[Middle English, from rapen , to rape, from Old French raper , to abduct, from Latin rapere , to seize. See rep- in Indo-European

According to the dictionary, molestation is still rape.

SheilaM

The also tend to you molestation to denote an age factor even if there is penetration

UnDisfellowshipped

Merriam-Webster Dictionary Definition of "Molest":

Main Entry: molest

Function: transitive verb

Etymology: Middle English, from Middle French molester, from Latin molestare, from molestus burdensome, annoying; akin to Latin moles mass

Date: 14th century

1: To annoy, disturb, or persecute especially with hostile intent or injurious effect
2: To make annoying sexual advances to; especially : to force physical and usually sexual contact on
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Merriam-Webster Dictionary Definition of "Rape":

Main Entry: rape [3]

Function: noun

Date: 14th century

1: An act or instance of robbing or despoiling or carrying away a person by force

2a: Sexual intercourse with a woman by a man without her consent and chiefly by force or deception compare STATUTORY RAPE

2b: Unlawful sexual intercourse by force or threat other than by a man with a woman

3: An outrageous violation
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Merriam-Webster Dictionary Definition of "Statutory Rape":

Main Entry: statutory rape