united-states criminal-law rape hypothetical
Couple of questions regarding duress and rape in a hypothetical scenario
<p>There's a criminal scenario I'm writing for a novel. </p>

<p>Let's say I'm a perp and kidnapped a pair of siblings. </p>

<p>I threatened one to rape the other at gunpoint and I had to shoot at his foot to make him comply.</p>

<p>The catch is that rape is the only crime punishable by death in this hypothetical U.S. city. All the other crimes are at worst, life imprisonment. </p>

<p>From what I hear, duress is unacceptable as defence in reality. Is this true? </p>

<p>If so, will the threatened person be guilty of rape? Would I also be guilty of rape since I had threatened him and shot him for not complying.</p>

<p>Also, what are my list of crimes as the perpetrator?</p>

<p>Firstly, there is no jurisdiction in the US where rape is a potentially capital crime, and murder is not - so you are discussing a hypothetical (and rather implausible) jurisdiction.  Given your jurisdiction is hypothetical, you can make the law be what you would like.</p>

<p>Secondly, <a href="https://www.justia.com/criminal/defenses/duress/" rel="noreferrer"><em>duress</em></a> is accepted in almost all jurisdictions as a defence to a charge of anything except homicide (and some jurisdictions allow it to reduce the severity of a homicide charge).  Courts can be reluctant to accept a charge of duress, but a bullet wound would probably be persuasive.</p>

<p>I don't know if someone who had just been shot would be physically able to perform though.</p>

<p>The precise crimes the perpetrator is guilty of would depend on your specific jurisdiction, but I would expect at least:</p>

<ul>
<li>rape (because they organized it)</li>
<li>kidnap</li>
<li>shooting the brother</li>
</ul>
