Statutes | Colville Tribal Law and Order Code Title 3 Chapter 3-1 ยง 3-1-11 | 2019
(a) A person is guilty of rape when such person engages in sexual intercourse with another person under the age of sixteen.
(b) A person is guilty of rape when such person engages in sexual intercourse with another person:
(1) by forcible compulsion
(2) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated
(3) when the victim is developmentally disabled, a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and the victim has a significant or dependent relationship with the perpetrator or
(4) when the victim did not consent to sexual intercourse with the perpetrator and such lack of consent was expressed by the victims word or conduct.
(c) &ldquoSexual Intercourse&rdquo:
(1) has its ordinary meaning and occurs upon any penetration, however slight
(2) also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes or
(3) also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(d) &ldquoForcible compulsion&rdquo means the same as in section 3-1-9(d).
(e) Rape is a Class A offense.
(f) Defenses are set out in section 3-1-17.
(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)