The same crime, judged by the world.

Rape & sexual assault — how 14 countries sentence it

Across these 14 jurisdictions the base offense of rape / serious sexual assault of an adult by an adult is universally treated as a serious felony carrying custodial (prison) sentences, but the statutory architecture and severity vary enormously. Continental-European and East-Asian civil-law systems (Taiwan, Japan, South Korea, China, Germany, Brazil) fix explicit numeric ranges in a penal code, often with a mandatory minimum (e.g. Taiwan 3 yrs, Japan 5 yrs, Korea 3 yrs, China 3 yrs, Brazil 6 yrs), whereas France and the Netherlands set a statutory MAXIMUM (France up to 15 yrs for base viol, Netherlands up to 9 yrs for intentional rape) with no mandatory floor. Common-law systems (England & Wales, Australia, Singapore, US) tend to set a high statutory maximum (frequently life) and channel actual sentences through judicial sentencing guidelines or 'bands' rather than a code minimum. A reform wave over the last decade has moved many systems from a force/coercion requirement toward a consent-based ('no means no' / 'only yes means yes') definition (Germany 2016, Japan's 2017 and 2023 reforms, Netherlands 2024, with consent-focused reforms elsewhere). The death penalty is legally available for this offense only in a minority, and (except in Saudi Arabia's uncodified system) only for AGGRAVATED forms rather than the simple adult-adult base case: Saudi Arabia (uncodified Sharia, judicial ta'zir/hadd discretion), and China and India (aggravated forms only, e.g. where death or grave harm results). It is NOT available for rape of an adult in the US (unconstitutional since Coker v. Georgia, 1977, reaffirmed in Kennedy v. Louisiana, 2008) or in the abolitionist European/Latin-American states. All figures are general and are legal-education material, not legal advice; actual sentences turn heavily on aggravating/mitigating factors, prior record, and local practice.

Starkest gap: For the same core act, punishment ranges from a few years' imprisonment at the low end (Germany's rape floor of 2 years, Taiwan and Brazil minimums of 3 and 6 years, or no statutory minimum at all in France, the Netherlands and England & Wales) up to the possibility of the death penalty in Saudi Arabia (and, in aggravated forms only, China and India) - an almost incomparable gap in both severity and legal method.

• England & Wales (UK): Rape under Sexual Offences Act 2003 s.1: maximum life imprisonment. The Sentencing Council's definitive guideline sets category ranges roughly from 4 to 19 years' custody, with category starting points commonly between 5 and 15 years depending on harm and culpability factors; contested first-time convictions frequently land in the ~5-9 year region before aggravation. (typically life imprisonment).
• India: Rape under Bharatiya Nyaya Sanhita (BNS) 2023 s.64 (successor to IPC s.376): rigorous imprisonment of not less than 10 years, extendable to imprisonment for life (meaning the remainder of natural life), plus fine. (typically life imprisonment). Death penalty is on the books.
• Australia: Rape/sexual assault is defined and sentenced at the state/territory level. NSW: sexual assault, Crimes Act 1900 s.61I, maximum 14 years, with a standard non-parole period of 7 years for a mid-range offense. Victoria: rape, Crimes Act 1958 s.38, maximum 25 years, with a custodial sentence effectively mandatory (Category 1 offense). (typically a long prison term).
• France: Rape (viol) under Penal Code Art. 222-23: punishable by up to 15 years' criminal imprisonment (réclusion criminelle). Aggravating circumstances (Art. 222-24, e.g. victim particularly vulnerable, abuse of authority, multiple perpetrators, weapon) raise it to 20 years; 30 years if it causes death; life if preceded or accompanied by torture or acts of barbarism. (typically a long prison term).
• Japan: Non-consensual sexual intercourse under Penal Code Art. 177: imprisonment for a definite term of not less than 5 years, up to 20 years. (typically a long prison term).
• Saudi Arabia: There is no codified penal code; rape is punished under judicial application of Sharia. Sentences range widely at judicial discretion - from imprisonment and flogging (lashes) up to execution. There is no reliable single 'typical' custodial figure because outcomes are case-by-case and not published as a statutory tariff. (typically a long prison term). Death penalty is on the books.
• Singapore: Rape under Penal Code s.375: up to 20 years' imprisonment plus fine or caning. Courts apply a three-band framework (roughly Band 1: 10-13 yrs + 6 strokes; Band 2: 13-17 yrs + 12 strokes; Band 3: 17-20 yrs + 18 strokes). Aggravated rape (s.375(3), e.g. hurt caused, victim under 14) carries a mandatory minimum of 8 years and at least 12 strokes of the cane. (typically a long prison term).
• United States: No single national figure - rape is primarily a state crime, so ranges differ by state. First-degree/forcible rape commonly carries mandatory minimums between roughly 4 and 25+ years, with maxima up to life; e.g. California's rape statute prescribes 3, 6 or 8 years (higher with force/aggravation). Federal aggravated sexual abuse (18 U.S.C. § 2241) allows any term of years up to life. (typically a long prison term).
• Brazil: Rape (estupro) under Penal Code Art. 213: 6-10 years' imprisonment for the base offense (compelling sexual acts by violence or serious threat). If serious bodily injury results or the victim is 14-17, 8-12 years; if death results, 12-30 years. (typically a medium prison term).
• China: Rape of a woman by violence, coercion or other means under Criminal Law Art. 236: 3-10 years' fixed-term imprisonment for the base offense. Aggravated circumstances (especially grave circumstances, multiple victims, public commission, serious injury/death, etc.) carry 10 years to life or the death penalty. (typically a medium prison term). Death penalty is on the books.
• Germany: Under Criminal Code (StGB) § 177, base sexual assault against the recognizable will of the victim: 6 months to 5 years. Where the act amounts to rape (penetration) or another especially serious case, the minimum rises to 2 years, with higher aggravated tiers reaching up to about 15 years. (typically a medium prison term).
• Taiwan: Base offense of forced sexual intercourse (Criminal Code Art. 221): 3-10 years' imprisonment; in practice courts commonly impose roughly 5-10 years. Aggravated forms (Art. 222 - e.g. with a weapon, by two or more persons, against a vulnerable victim) carry imprisonment of not less than 7 years, up to the general fixed-term ceiling (15 years, or up to 20 with statutory aggravation of terms). (typically a medium prison term).
• Netherlands: Under the new Sexual Offences Act (Wet seksuele misdrijven, in force 1 July 2024), rape (verkrachting) is redefined on a consent basis with a two-tier structure: culpable/negligent rape (schuldverkrachting, Art. 242) - where the offender should have understood from clear signals that there was no consent - carries a maximum of 4 years; intentional rape (opzetverkrachting, Art. 243) carries a maximum of 9 years, rising to 12 years for the qualified variant where coercion, violence or a threat is used. (typically a short prison term).
• South Korea: Rape under Criminal Act Art. 297 (sexual intercourse by violence or intimidation): imprisonment with labor for a limited term of at least 3 years. Aggravated forms (weapon, joint commission, injury, or vulnerable/minor victim under special statutes) escalate to minimums of 7 or 10 years up to life. (typically a short prison term).

General legal education, not legal advice. Figures are simplified and were last verified 19–20 July 2026; each is sourced in the interactive view above.