Mississippi Rape and Sexual Assault Laws

Code Sections

Statutory rape:

• Having sex with a child who is at least 14 but under 16 years of age, or a with a child who is not a spouse and is 3 years younger, and the perpetrator is 17 years of age or older
• Having sex with a child under 14 years of age, or with a child who is not a spouse and who is 2 years younger

Rape: forcing another to have sex or having sex with a person who has been given a substance or liquid (such as alcohol or drugs) which prevents them from providing proper consent

Sexual assault (a.k.a. "assault with intent to ravish"): assaulting a woman with the intent of raping her

Sexual battery: sexual penetration of any of the following

• Another person without consent
• A mentally defective/incapacitated or physically helpless person
• A child who is at least 14, but under 16 years of age
• A child who is 3 years younger than the perpetrator
• A child who is under 14 years of age (unless the perpetrator is within 2 years of the victim's age)
• A child under 18 years of age and the perpetrator is an authority figure (such as a teacher, counselor, physician, legal guardian, parent, coach, etc.)

Sex with inmates, parolees, etc.: sexual penetration by an authority figure (such as a guard, sheriff, or correctional facility employee) of an inmate, parolee, or person who is on probation or otherwise under supervision

Fondling a child or a mentally incapacitated or physically helpless person:

• Fondling a child under 16 years of age or a mentally defective, mentally incapacitated, or physically helpless person, for the purpose of gratifying the perpetrator's lust or sexual desires and the perpetrator is 18 years of age or older
• An authority figure (such as a teacher or parent) fondling a child under 18 years of age, younger than the perpetrator, and not the perpetrator's spouse

Rape and sexual assault are punishable by life imprisonment.

Statutory rape and sexual battery crimes are punishable by maximum penalties ranging from a sentence of 5 years - life imprisonment and from $5,000 - $10,000 in fines. Additional penalties may apply for repeat offenders. The court has discretion over the criminal penalties if the perpetrator is at least 13, but less than 18 years of age.

A person in a position of authority who sexually penetrates an inmate, parolee, or a person on probation or otherwise under supervision may be charged with a felony punishable by up to 5 years in prison and up to $5,000 in fines.

Fondling a child or a mentally defective, mentally incapacitated, or physically helpless person is a felony punishable by up to 15 years in prison and up to $5,000 in fines. Repeat offenses are punishable by up to 20 years in prison.

Consent or the victim's lack of chastity not a defense to statutory rape.

Lack of chastity may be a defense to rape if it affects the victim's credibility on the issue of rape.