|Quoting D L X (Reply 65):|
The police report uses the language "forcible." The victims were younger than 14. Some of the victims were his sisters.
Looks like rape to me.
It's not rape since it doesn't meet the Arkansas definition of rape. For it to be rape, there has to be penetration of the mouth, vagina, or anus. There is no need to define sexual intercourse, but this is the Arkansas definition of "Deviate sexual activity."
(8) "Deviate sexual activity" means any act of sexual gratification involving:
(A) Penetration, however slight, of the anus or mouth of one person by the penis of another person; or
(B) Penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person;
There was no allegation of penetration, just touching. The police report also says forcible fondling. I would say one of the reasons the report used "forcible" because several of the allegations happened while the victims were sleeping. According to the report, what Josh Dugger did was this:
(19) (A) (i) "Sexual contact" means any act of sexual gratification involving:
(a) The touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female;
It still is considered sexual abuse under Arkansas laws.