Legal Usage of the Term Deviate Sexual Intercourse in U.S.

States

Deviate sexual intercourse is a legal term used in certain U.S. states. Section 3101 of the Pennsylvania Consolidated Statutes provides an example of how this term is defined. The statute explains that 'deviate sexual intercourse' refers to 'Sexual intercourse per os or per anus between...' individuals.

Detailed Description of Deviate Sexual Intercourse

In more specific terms, deviate sexual intercourse involves sexual conduct between persons that includes contact between the sex organs of one person and the mouth or anus of another. This conduct can also involve penetration of the genitals or anus of one person with a foreign object.

Common Examples of Deviate Sexual Intercourse

Common examples of acts categorized as deviate sexual intercourse include oral sex, anal sex, sexual intercourse with an animal, and penetration of one's genitals with a foreign object. These acts are considered 'deviate' due to their nature and the specific sexual contact involved.

Involuntary Deviate Sexual Intercourse (IDSI): Definition and Legal Context

Involuntary Deviate Sexual Intercourse, often abbreviated as IDSI, carries a specific legal definition. It is much like the above explanation for rape but includes an additional condition. It involves situations where sexual intercourse is forced or where the person is unconscious or unaware that sexual intercourse is occurring. In Pennsylvania, IDSI is defined as engaging in deviate sexual intercourse by forcible compulsion, covering more sexual acts than traditional rape statutes.

Comparison Between IDSI and Rape Statute in Pennsylvania

Comparatively, the definition of IDSI in Pennsylvania is broader than the definition of rape. While rape often refers specifically to non-consensual vaginal intercourse, IDSI covers a wider range of sexual acts. These acts include any sexual contact between the genitals of one person and the mouth or anus of another, or the penetration of the anus or genitals by a foreign object.

Understanding Forcible Compulsion in Context of IDSI and Rape

Forcible compulsion is a critical concept in the context of IDSI and rape. It refers to situations where force is used or threatened to be used to compel a person into sexual activity. This concept is essential in differentiating voluntary sexual acts from those that are involuntary and, therefore, legally punishable.

Consequences of Threat of Forcible Compulsion for IDSI and Rape

The threat of forcible compulsion has significant implications in the context of IDSI and rape. This threat makes an act of deviate sexual intercourse involuntary, and therefore, criminally liable. Involuntary sexual deviate intercourse covers not only sexual intercourse with an animal, penetration with a foreign object but also penalizes forcible anal and oral sex. It is a serious offense, and its prosecution is pursued rigorously in the court of law.