If you touch an intimate part of another person’s body intending to gratify or sexually arouse yourself, you can be arrested and charged with abusive sexual contact. Depending on the circumstances of your case, you can be charged at the state or federal level for your offense. Facing charges in federal court means that your crime is more serious, and the potential consequences of a conviction are harsher.

If you or your loved one faces federal charges for abusive sexual contact, you will require the guidance of a skilled lawyer to navigate the charges. Your choice of legal guidance can make the difference between spending the rest of your life in federal prison, serving a few years in a county jail, and walking out of the courtroom free of all the charges.

At the Sex Crimes Attorney, we understand the extreme impact a sex crime conviction can have on your life. We will work hard to help you understand your sexual abuse charge and build a strong defense to ensure a favorable case outcome. We serve clients seeking legal guidance and representation to battle federal sexual abuse charges in California.

Understanding Abusive Sexual Contact

Sex crimes, especially sexual abuse, are common in the United States. Abusive sexual contact is a crime you commit when you force a sexual act upon another person or a person incapable of preventing the act from occurring. Any person can be involved in a sexual abuse case.

You can also be charged with this offense when you intentionally touch another person’s private parts for sexual arousal, gratification, or to humiliate another person. A sexual act is legally defined as the contact between the vulva, penis, or anus of another person with another body part or a foreign object.

Depending on the circumstances of the case, your crime could be elevated to a federal offense, where you will be tried and convicted. Although society creates stereotypes around possible abusers, federal prosecutors can file charges against males, females, and minors. However, most of these crimes occur between people who know each other.

Federal sex crimes cause serious short-term and long-term effects on the victims. Therefore, a conviction for these offenses will result in serious legal consequences. Most cases of sexual abuse begin at the state courts, where they are elevated after discovering aggravating circumstances.

When charged in state courts, abusive sexual abuse is known as sexual assault or molestation. Sexual assault refers to short-term instances of violent sexual acts. On the other hand, sexual molestation addresses a pattern of forced sexual acts over time. Unlike popular belief, you can be charged with sexual abuse by a person with whom you are married or have a sexual relationship.

Being married to someone does not give you the right to engage in sexual contact with them without their consent. If there is evidence that you used force, fear, or threats to engage in a sexual act with your spouse, you can be charged and convicted in federal court. The federal laws follow general principles that prevent defendants from asserting a marriage defense to sexual assault charges.

Sexual abuse is a felony that falls under California state laws. However, you can be charged under U.S. Criminal Code Title 18 if your acts meet the following criteria:

  1. You engage in sexual contact with another person using threats, force, or violence toward the victim. Evidence of an actual injury is not necessary to prove that you used violence or threats toward the alleged victim.
  2. You engage in sexual contact with someone who cannot resist the act due to physical or mental incapacitation. Physical and mental incapacitation may be a result of an illness or intoxication. If you offer drugs to someone and engage in a sexual act with them while they are unconscious, your sexual abuse case will be tried in federal court.

Difference Between Abusive Sexual Contact at the Federal and State Level

Federal courts are governed by the United States Constitution, while state courts follow state and federal guidelines. Sex crimes like abusive sexual contact are serious offenses that could attract charges in either state or federal court. When you are arrested for engaging in abusive sexual contact, you will be charged in the jurisdiction where the crime occurred.

Your case may begin in state court and be elevated to the federal level depending on the circumstances under which you violated the law. Some sex crimes can be tried in federal and state courts simultaneously. However, federal charges are more serious and can attract harsh consequences. When laws overlap, the constitution gives more power to the federal court than the state court.

The differences in arrest and prosecution of abusive sexual contact in state and federal court give you a hint on how to proceed with the case and approach the defense. The investigation of your crime will begin locally, and the specific factors uncovered will dictate the case’s eligibility for trial in federal court. Your charge of abusive sexual contact could be tried in federal court under the following circumstances:

  • The crime involves a minor. Both state and federal sex crime laws are strict on individuals who engage in sexual contact with children. Therefore, if the alleged victim of your crime is a young child, the local court will surrender the jurisdiction to the federal court.
  • The offense occurs in federal prison.Although most people in federal prison have been tried and convicted of serious offenses, the constitution protects them from sexual abuse. If you engage in abusive sexual contact against another inmate in federal prison, your case will be tried at the federal level.
  • The accompanying charges are federal.Some crimes, like human trafficking and drug trafficking, will automatically attract charges at the federal level. Therefore, if you engage in abusive sexual contact along with a federal crime, you will be tried and convicted in federal court.
  • Presence of aggravating circumstances.And aggravating factor is the aspect of your case which makes your crime more serious than usual. If other serious offenses like rape accompany your act of abusive sexual contact, your case will be moved to federal court.

Since the federal court takes more serious cases, investigations and prosecutions are aggressive. The DEA and FBI agencies are actively involved in your case. Federal prosecutors often pursue cases that they are sure to win. When you face federal charges for abusive sexual contact, you will need a competent attorney.

A sex crime attorney’s knowledge of the following facts will help you decide the way forward:

  • Incarceration and other penalties for federal crime are harsher. The compulsory federal sentencing guidelines and minimums make your prison time lengthier.
  • Your federal sentence could be twice what you receive at the state level if your crime involves a minor.
  • There is a mandatory requirement for the national sex offender registry at the federal level.
  • There is no possibility for parole or an early release if you are sent to federal prison for abusive sexual contact.

Penalties for Federal Sexual Abuse

A person who engages in abusive sexual contact or behavior will be charged and tried under Section 2242 of the United States Criminal Code. Under this statute, you can be convicted and punished regardless of whether your attempts to commit the crime were successful. A conviction for abusive sexual contact at the federal level will attract a maximum sentence of life imprisonment.

The federal sex crimes laws list a minimum and maximum prison sentence that each defendant must serve. The minimum and maximum sentences assume that each defendant is a first-time offender. Therefore, the federal court judge can increase your sentence for a second and subsequent offense. In addition to incarceration, you must register as a sex offender after your conviction.

Serving a life imprisonment sentence is significantly higher than the penalties you would face if your crime was charged in a California court.

Penalties for Abusive Sexual Contact Under California Law

In California, abusive sexual contact is viewed as sexual battery and is charged under California Penal Code 243.4. An offense under this statute is a wobbler. Therefore, the prosecution can file misdemeanor or felony charges. Your charge is elevated to a felony under the following circumstances:

  • You fraudulently convinced the alleged victim to engage in the unwanted sexual act. This type of scenario is common with therapeutic and medical practitioners.
  • You unlawfully restrained the victim before engaging in the criminal act.
  • The victim was a patient at an institution for mentally or physically incapacitated individuals.

As a felony, sexual abuse in California is punishable by:

  • A four-year prison sentence
  • Up to $10,000 in fines
  • Sex offender registration

If you are charged with a misdemeanor, a conviction for sexual abuse will result in:

  • A jail sentence of up to one year
  • Fines that do not exceed $1,000

A skilled criminal attorney can help you fight to keep your case in state prison, where the penalties are less stringent.

National Sex Offender Registry for Federal Sexual Abuse

One of the most serious and life-changing consequences of a conviction for sexual abuse is the mandatory requirement to register as a sex offender. A federal conviction for this offense will require you to enter the national sex offender registry. The sex offender registry lists the name and residence of each offender. Contact information and place of employment for the sex offenders.

The national sex offender registry is a public record. Therefore, anyone interested in your criminal history can find your name on this registry. Three categories of sex offender registration dictate the duration within which your name must remain in the national sex offender registry. The seriousness of your sex crime determines your entry to one of these categories:

  • Tier I.This is the lowest form of sex offender registration which requires an offender to register for up to fifteen years. Since abusive sexual contact is a serious crime, this registration level will not apply to your case.
  • Tier II.Tier II or middle-level sex-offender registration requires an offender to remain in the registry for twenty-five years. Your conviction for abusive sexual contact could fall under this category if you are a first-time offender and there are no aggravating circumstances.
  • Tier III.Registration as a sex offender under Tier III is the most severe. This is because your name remains on this registry for a lifetime. If you are a repeat offender facing federal charges for abusive sexual contact, you may be required to register under this section.

The following collateral consequences accompany national sex offender registration:

  • Difficulty finding employment. Since the national sex offender registry is accessible, a potential employer can find your status during a background check. Most employers are reluctant to employ sex offenders due to the image they may create for the business. This will cause you to miss out on great employment opportunities. Additionally, being a sex offender limits you from working near children, including parks and schools.
  • Challenge finding a place to live. The main purpose of sex-offender registration is to notify other people of the danger you pose to them. Therefore, a landlord will refuse to allow you to live on their property. This is because of the effect you could have on other people living on the property.
  • Loss of professional license. Most professional licensing bodies are stringent on the issuance of licenses. Being a registered sex offender can prompt suspending or revoking of your professional license. This could significantly impact your career and livelihood.
  • Social stigma. Sex offender registration is reserved for defendants who commit a serious sex crime. Therefore, you will likely face discrimination and stigma of how other people relate to you after the registration.

Legal Defense Against Federal Sexual Abuse Charges

The stakes are high for defendants facing charges of sexual abuse in federal court. The likelihood of serving a mandatory minimum sentence and the potential of spending the rest of your life in prison. Even when you are released, the collateral consequences of an accusation for this crime could ruin your life. Therefore, it is important to mount an aggressive defense against your charges.

The prosecutors in the federal court file your charge after thorough investigations and the collection of strong evidence for a possible conviction. Therefore, you will require the guidance of a skilled sex crime defense attorney to navigate your case. A skilled lawyer knows federal court procedures and can deal with the federal prosecution team to obtain a favorable outcome for your case.

You can present the following defenses against your sexual abuse charge:

You Did Not Engage in a Sexual Act

There is no evidence of physical harm needed to prove that you engaged in a forced sexual act with another person. Therefore, it is possible to be the victim of false accusations. Before a conviction, the prosecuting attorney must prove your guilt beyond a reasonable doubt. However, federal prosecutors will only file a case with sufficient evidence. The case may rest on false testimony.

Even when you do not have evidence to prove that you are completely innocent of the crime, your lawyer can work to create doubt in the prosecutor’s testimony. This weakens the case against you and lowers the possibility of conviction.

The Alleged Victim Consented to the Act

Sexual abuse is based on consent, or the lack thereof. A sexual act is considered abusive when it is not consensual between the involved parties. You can fight your charges by arguing that the other party consented to the act. If the victim claims to have withdrawn the consent, you can assert that you did not receive the message.

Minors cannot consent to sexual acts. Therefore, the consent defense is not applicable when you face charges for sexual abuse of a child.

Your Contact with The Alleged Victim was Not Sexually Motivated

Your contact with a victim’s body part is considered abusive sexual contact when your actions are motivated by sexual gratification or arousal. If you intend to harm the alleged victim, you can be charged with another offense outside of sexual abuse.

Mental Instability

A common way to fight a federal sex crime charge is by arguing that you were mentally impaired at the time of the incident. A mentally unstable individual cannot judge their actions and realize they are illegal.

What is the Statute of Limitations for Federal Sexual Abuse?

The statute of limitations is when a criminal case can be brought against a defendant. For most criminal cases, a charge brought after the statute of limitations has elapsed cannot result in a conviction.

Creating a statute of limitations prevents criminal cases from being prosecuted based on deteriorated evidence. The statute of limitations applies to sex crimes tried at the state level. However, the federal court has a stricter approach to prosecuting sex crimes. For this reason, there is no statute of limitations for abusive sexual contact. A charge of sexual abuse can be brought regardless of the time that has elapsed since you allegedly committed the crime.

Other Federal Sex Crimes

Abusive sexual contact is one of the federal sex crimes with which you can be charged and convicted. Since sexual abuse is broad, the law breaks down the crime into more specific categories, including:

Aggravated Sexual Abuse

Charged under Section 2241 of the U.S. Criminal Code, aggravated sexual abuse is the most serious form of sexual abuse. The sexual acts covered by this statute go beyond sexual contact. You will be charged with aggravated sexual abuse if you use force, fear, or threats to engage in unwanted sexual acts with another person.

Conduct that falls under "aggravated sexual abuse" includes:

  • You use force against another individual.
  • You threaten to injure or kill the alleged victim for resisting your attempts. Verbal threats and physical coercion will suffice under this statute.
  • You cause another person to be unconscious before engaging in a sexual act with them. This can be done by administering a drug to incapacitate the alleged victim.

When your case of aggravated sexual abuse is tried in federal court, the prosecution must prove the circumstances that set your case aside from standard sexual abuse. A conviction for federal aggravated sexual abuse will severely affect your freedom and life afterward. Therefore, contacting a knowledgeable attorney and building a strong defense is your best option to avoid these consequences.

Sexual Abuse of a Child

You will be charged with sexual abuse of a minor or a ward of the court if you attempt to engage in a sexual act with a child under twelve. Additionally, these charges are brought on individuals who engage in sexual contact with a child under sixteen years and have an age gap of up to four years with the victim under these circumstances:

  • Crossing state lines to engage with an underage individual sexually.
  • You engage sexually with a minor on federal territory.

A conviction for sexual abuse of a minor is punishable by a federal prison sentence of thirty years. If you have a prior conviction for federal sexual assault or aggravated assault, you risk facing life imprisonment.

Find a Criminal Defense Attorney Near Me

Sexual abuse is a forced sexual act where one person has not consented or is unwilling to engage in the behavior. You can be charged in federal or state court for abusive sexual contact in California. Your case would be tried in federal court if you committed the crime against a minor or were in federal prison.

Whether you face federal or state court charges, a conviction for the offense attracts serious legal consequences. Additionally, national or state sex offender registration may be inevitable. Even when you are eventually cleared of the charge and do not face a conviction, facing charges for abusive sexual contact can have long-lasting effects on your life. The stigma associated with facing federal charges can take a toll on you.

Fortunately, facing an arrest or charges in federal court does not mean you will be found guilty of the offense. At Sex Crimes Attorney, we will offer the expert guidance you need to beat your charges and avoid the consequences of a conviction. If you face a sexual abuse charge in California, we invite you to contact us at 888-666-8480 to discuss your case.