No. The answer depends on what level of rape offense you are convicted of. A jail sentence is not mandatory for a conviction for Rape in the Second Degree or Rape in the Third Degree. However, it is still possible that a conviction for rape will carry a term of jail or state prison. A conviction for Rape in the First Degree carries a mandatory minimum sentence of 5 years in state prison. The length of time a person is sentenced to in jail or prison depends on many factors including, criminal history, the age of the complainant, the facts and circumstances of the case, the complainant or victims input, remorse, and mitigating factors such as treatment.
