Rape, in all forms, is a life-changing, debilitating experience that no words can bring justice to those who suffer from it. Rape by instrumentation involves the use of any type of inanimate object or any part of the body not considered a sexual organ. If a sexual assault perpetrator caused you harm through this or any other matter, you deserve an advocate.

At Edwards Henderson, we understand the challenges of discussing and processing these types of events. Our objective is to help sexual assault survivors know their rights while fighting to recover their voices, even in complex and sensitive matters like this. To help you, take a moment to explore what rape by instrumentation is, when it is applicable, and what legal standards exist.

What Is Rape by Instrumentation?

Rape by instrumentation falls under 6 ONC § 2-203. There, it is defined as an “act that applies the use of an inanimate object or any part of the human body in a way that does not amount to sexual intercourse, is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.” Consent is not considered a factor in the crime in some scenarios.

What most people think of as rape – the act of forced sexual intercourse – is only one form. With rape by instrumentation, it is possible to charge a person with rape even if they do not have actual sexual intercourse with the victim.

Notably, it differs from rape. Unlike rape, it does not require sexual intercourse but rather penetration with an object or other part of the body.

Punishment for Rape by Instrumentation

Punishment for a conviction of rape by instrumentation may include a minimum of five years’ imprisonment. However, a judge can levy up to life in prison, life without parole, or the death penalty, depending on the circumstances involved. Additionally, conviction mandates the addition to the sex offender registry for the rest of a person’s life.

For a survivor, the criminal implications of these charges are substantial, but they will not create any type of healing. For victims of such a crime, seeking legal guidance to pursue civil charges can prove critical.

Is Rape by Instrumentation a First-Degree Charge?

Since 2018, rape by instrumentation has been a first-degree crime. This means that all such charges face the most significant consequences.

Before 2018, the following applied:

• 1^st degree rape: This charge applies when the act results in bodily harm or in situations where the victim is under the age of 14. The penalty for a conviction of first-degree rapid includes a minimum of five years in prison. A life sentence could be applicable in some cases.
• 2^nd degree rape: A person can face a conviction of second-degree rapid when the party is over the age of 14. In these situations, the penalty ranged from a minimum of one year in prison to up to 15 years.

The change in the law made it clear that there is no longer a need for the victim to suffer physical harm or be under the age of 14 to warrant a first-degree conviction.

Evidence to Prove Rape by Instrumentation

For a victim, proving this type of claim can feel impossible. However, doing so is critical to ensuring that those who did this to you are held accountable. Evidence is critical when available. That includes crime scene photography that demonstrates the presence of evidence. Photos of the incident, any evidence present, and the victim’s injuries help to substantiate these factors.

Additional forms of evidence may include:

• A crime scene video that demonstrates what occurred
• Crime scene sketches of the area and the acts involved
• Evidence from the victim and any witnesses
• Statements by third parties about what they observed or heard
• Expert testimony that demonstrates what occurred based on medical evidence, statements, and behavioral investigations
• Comprehensive evidence gathering, including forensic evidence from the scene
• Medical records that document injuries associated with the assault or abuse
• Text messages and emails with statements about what occurred
• Social media posts and communications about what occurred
• Police reports are a form of documentation based on what a police officer saw or learned

A comprehensive understanding of what occurred is never simplistic in a case like this. In many situations, it comes down to one person’s word against the other’s. However, immediate treatment in a medical center and communication with professionals can help to demonstrate that what you, the victim, stated occurred was, in fact, reality. Your rape by instrumentation attorney will gather critical evidence from all available sources to document and develop this statement.

Can You File a Civil Lawsuit for Rape by Instrumentation?

It is possible to file a civil lawsuit against the person or people you believe allowed you to be victimized in this way. Even with a full conviction of rape by instrumentation under the law, a victim has the right to seek additional compensation from the at-fault party through a civil lawsuit. In seeking civil action against the at-fault party, you are focusing on that party to take responsibility for the harm they caused to you.

With the help of a sexual abuse lawyer, you will be able to prove what occurred to the court as well as the implications of those acts on your mental and physical health and well-being. Rape Shield laws are applicable in your case. This means that a party is unable to use a survivor’s past sexual history as a way to undermine their credibility in this case.

By seeking a civil sexual assault lawsuit, you stand to gain:

• Compensation from medical costs, mental health treatment, lost wages and benefits, and other out-of-pocket costs spent to care for your injuries
• Pain and suffering damages, which include compensation for physical pain and emotional suffering due to injuries, anxiety, depression, and the onset of psychological injuries such as post-traumatic stress disorder.
• Punitive damages are included as a way to punish the at-fault party
• Legal fees to pay attorney fees and other legal expenses related to your case

There is nothing that your attorney can do to erase the pain and trauma caused by such an event. However, with the guidance of your legal team, you will be able to make those who did this pay for what occurred.

How Can a Sexual Assault Lawyer Help with a Rape by Instrumentation Case?

The investment in a sexual assault lawyer provides confidence, peace of mind, and aggressive legal protection. Your attorney will handle the entire process for you, allowing you to navigate the healing process. Your lawyer from our firm will:

• Build a strong, evidence-based claim that documents all parties at fault
• Create a claim that incorporates all current and future losses associated with your recovery
• Negotiate or go to trial on behalf of the victim, seeking justice for victims

With the guidance of a sexual assault lawyer, it becomes possible to recover the financial compensation you need to meet your objectives. It also allows you to fight for justice in unforgiving circumstances.

Rape by Instrumentation FAQ

Victims facing the consequences of rape by instrumentation deserve legal guidance and ongoing mental health support. You may have questions about what to expect or whether taking legal action is the right decision in your case. Consider the following answers to commonly asked questions.

Can I Press Charges if the Rape by Instrumentation Incident Happened Years Ago?

The statute of limitations applies to rape by instrumentation claims. This begins the date that the incident took place. The statute of limitations will differ depending on the state you are in. In some areas, the statute of limitations is based on the severity of the crime committed. For serious felony sex crimes, including first-degree rape charges, the statute of limitations may be 21 years or more. That includes areas such as Alabama, New York, and Indiana. In Oklahoma, Ohio, and Tennessee, the statute of limitations ranges from 11 to 20 years.

Do I Need Physical Evidence to File a Report for Rape by Instrumentation?

For a charge to be brought against the party, evidence is necessary. Law enforcement will require some form of evidence that documents what happened. Note that the burden of proof is on the victim here, meaning the police must prove that the at-fault party was, in fact, responsible. Without physical evidence, that can be hard to do.

However, physical evidence comes in many forms. Witness statements, photos, and videos are often very rare. Note that having a rape kit that demonstrates what occurred can serve as valuable proof of evidence. It may be one of the most important tools available to victims to use against perpetrators.

How Can You Help Someone You Suspect Is Being Sexually Abused?

For victims of sexual abuse of any form, having access to support is critical. Yet, the violence and intimidation brought by these cases are often complex and defeating. For that reason, it helps to know what to do if you believe your loved one was hurt.

Be direct with them about their health and well-being. It may be critical that you make a point to speak to them about what happened, why you need to know, and what you will and will not do for them. Hosting an intervention like this may be the support a victim needs to take action.