New Hampshire Rape and Sexual Assault Laws

In New Hampshire, rape is criminalized under the state's sexual assault laws. Sexual assault is broken down into three different crimes in New Hampshire: aggravated felonious sexual assault, felonious sexual assault, and sexual assault. The severity of the attack and the circumstances surrounding the assault determines which statute an offender can be prosecuted under.

Code Section

New Hampshire Revised Statutes section 632-A:2: Aggravated Felonious Sexual Assault

What's Prohibited?

Sexual Penetration:

Engaging in sexual penetration with another person when:

  • The offender overcomes the victim through physical force, physical violence, or superior physical strength (or the threat of such force if the victim believes the offender has the ability to execute the threat)
  • The victim is physically helpless to resist
  • The victim submits under circumstances involving false imprisonment, kidnapping, or extortion
  • The offender (without the knowledge or consent of the victim) administers to the victim an intoxicating substance that mentally incapacitates the victim
  • The offender provides therapy or medical treatment to the victim and during the treatment (or within one year) uses their position to coerce the victim to submit to the act
  • The victim has a disability that renders him incapable of freely deciding whether or not to engage in sexual conduct, and the offenders knows or has reason to know that the victim has such a disability (spouses excluded)
  • The offender uses concealment or surprise to engage in sexual penetration with the victim before the victim has a chance to flee or resist
  • The victim is older than 13 and under 16 years old and the parties are members of the same household, are related by blood, or the offender exercises a position of authority over the victim (spouses excluded)
  • The victim is less than 13 years old
  • At the time of the sexual assault, the victim indicates that they don't consent to the act, or
  • The offender is in a position of authority over the victim, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit

Ways to commit sexual assault without penetration:

  • Intentionally touching the genitalia of a person who is less than 13 years old for the purpose of sexual arousal or gratification
  • Engaging in a pattern of sexual assault against another person (who isn't the offender's spouse) who is less than 16 years old, or
  • Engaging in sexual penetration with a person who is less than 18 years old and is the offender's blood relative

Code Section

New Hampshire Revised Statutes section 632-A:3: Felonious Sexual Assault

What's Prohibited?

  • Subjecting the victim to sexual contact and causing serious personal injury under any of the circumstances outlined in the aggravated felonious sexual assault chart above
  • Engaging in sexual penetration with someone who is older than 13 and under 16 years old where the age difference between the offender and the victim is four years or more (spouses excluded)
  • Engaging in sexual contact with someone who is less than 13 years old (spouses excluded), or
  • Engaging in sexual contact with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit

Code Section

New Hampshire Revised Statutes section 632-A:4: Sexual Assault

What's Prohibited?

  • Subjecting a person who is 13 years old or older to sexual contact under any of the circumstances outlined in the aggravated felonious sexual assault chart above
  • Subjecting someone who is older than 13 and under 16 years old to engage in sexual contact where the age difference between the actor and the victim is four years or more (spouses excluded)
  • In the absence of any of the circumstances set out in the aggravated felonious sexual assault, when the actor engages in sexual penetration with a person who is older than 13 and under 16 years old where the age difference between the offender's age and the victim's age is four years or less (spouses excluded), or
  • Engaging in sexual contact or sexual penetration with a victim when the offender is in a position of authority, either in an incarceration facility or as a probation officer, and uses that authority to coerce the victim to submit

Definitions

Sexual contact: The intentional touching (whether directly, through clothing, or otherwise) of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Only contact that can be reasonably construed as being made for the purpose of sexual arousal or gratification can be considered to be sexual contact.

Sexual Penetration: Sexual penetration means:

  • Sexual intercourse
  • Cunnilingus
  • Fellatio
  • Anal intercourse
  • Any intrusion of the actor's body (or an object manipulated by the offender) into the genital or anal openings of the victim's body
  • Any intrusion of the victim's body (or an object manipulated by the victim) into the oral, genital, or anal openings of the offender's body, or
  • Any act which forces, coerces, or intimidates the victim to perform any sexual act listed above on the offender, another person, or on himself

Domestic Violence

If sexual assault occurs between intimate partners, family, or household members, then the crime of sexual assault-domestic violence has been committed,

Additional Resources

State laws change frequently. For case specific information regarding New Hampshire's rape and sexual assault laws contact a local sex crime lawyer.

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