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Can a complaint be filed against a constable for rape?

Can a complaint be filed against a constable for rape?

Full question:

I live in North Dakota. I was detained in the prison for a night for rash driving. One of the constables forced himself on me and had sex with me while the other constables were away for rounds. Can I file a complaint against the constable for such an act?

Category: Criminal
Subcategory: Statutory Rape
Date: 04/07/2025
State: North Dakota

Answer:

In North Dakota, rape includes any sexual contact including nonconsensual sexual activity that the defendant knew is offensive and criminalized under the law.

Per North Dakota Century Code § 12.1-20-07:

“1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if:
a. That person knows or has reasonable cause to believe that the contact is offensive to the other person;
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d. The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person;
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2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age…”

Therefore, you may file a complaint against the constable because he has committed a sexual offense under North Dakota law. He may be found guilty of a felony.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the assault law in North Dakota?

In North Dakota, assault is defined under North Dakota Century Code § 12.1-17-01. It includes causing bodily injury to another person or attempting to cause injury. There are different degrees of assault, including simple assault, which is a Class B misdemeanor, and aggravated assault, which is a Class C felony if it involves serious bodily injury or the use of a weapon. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is terrorizing in North Dakota?

Terrorizing in North Dakota is defined under North Dakota Century Code § 12.1-17-04. It involves threatening to commit a violent crime with the intent to terrorize another person or to cause evacuation of a building. This offense is classified as a Class C felony. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is simple assault in the ND century code?

Simple assault in North Dakota is defined in North Dakota Century Code § 12.1-17-01. It occurs when a person intentionally or knowingly causes bodily injury to another or threatens to do so. Simple assault is typically classified as a Class B misdemeanor, but it can escalate to a Class A misdemeanor if the offender has a prior conviction for assault. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is considered terrorizing?

Terrorizing involves making threats to commit a violent crime with the intent to instill fear in another person or to cause panic, such as evacuating a building. Under North Dakota law, this is taken seriously and classified as a Class C felony. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is the statute 12.1 17 03 in North Dakota?

North Dakota Century Code § 12.1-17-03 pertains to aggravated assault. It defines aggravated assault as causing serious bodily injury to another person or using a weapon during an assault. This offense is classified as a Class C felony, carrying more severe penalties than simple assault. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is the charge of terrorizing in North Dakota?

The charge of terrorizing in North Dakota is classified as a Class C felony. This charge arises when a person threatens to commit a violent crime with the intent to instill fear or panic in others, such as causing an evacuation. Penalties for a Class C felony can include imprisonment and fines. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.