In South Dakota, sexual assault is referred to as "sexual battery" and is defined as oral, anal, or vaginal penetration by the sexual organ of another, or the anal or vaginal penetration of another by any object. Sexual battery doesn't include an act done for a bona fide medical purpose. One of the most serious forms of sexual assault is the crime of rape. South Dakota's main rape law is outlined in the table below.
| Code Section | South Dakota Code section 22-22-1: Rape |
| What's Prohibited? | Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:
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| Definition of "Sexual Penetration" | Sexual penetration is an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or the intrusion of a body part or an object into the genitals or anal openings of another person's body. |
| Penalties | The penalty for rape varies depending on which subdivision of the law is violated.
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Statutory Rape
As the table above notes, an offender can be convicted of rape if the victim is less than 13 years old, or if the victim is 13 to 15 years old and the offender is at least three years older than the victim. In these situations the offender commits statutory rape because the victim isn't legally old enough to consent to the sexual act. The legal age of consent varies slightly between states, and is 16 in South Dakota. Therefore, if a 15-year-old girl voluntarily engages in sexual intercourse with her 19-year-old boyfriend, then the boyfriend can be charged with statutory rape in South Dakota.
Additional Resources
State laws change frequently. For case specific information regarding South Dakota's rape and sexual assault laws contact a local criminal defense lawyer.
If you are a rape or sexual assault survivor there is help available to you. During an emergency dial 911 and when you're safe contact the South Dakota Coalition Ending Domestic & Sexual Violence.
