Sexual Abuse

Sexual abuse typically refers to the forced sexual act or behavior of one person upon another, who may not desire or be able to prevent the sexual act from occurring. This unwanted sexual activity may include force or threats on behalf of the abuser. Or, the abuser may take advantage of a particular situation wherein the victim is unable, whether physically, mentally, or otherwise, to either give consent or prevent the event.

Sexual abuse can be known as sexual molestation and sexual assault. Sexual assault may refer to the shorter or infrequent occasion of forced sexual acts, whereas abuse or molestation can refer to a prolonged single incident and/or the repetition of such acts over time.

Sexual abuse is a felony crime that often falls within the jurisdiction of state laws.

However, the U.S. Criminal Code, Title 18, Chapter 190A prohibits sexual abuse on the federal level as determined by Section 2242. Federal law defines sexual abuse in two ways:

• Any instance wherein one individual causes or forces another person to engage in a sexual act or behavior as a result of threats or instill fear.
• Any instance wherein one individual engages in a sexual act or behavior with another person who:
  • Does not have the ability to appraise the nature of the conduct, or
  • Does not have the physical ability to communicate disinterest or unwillingness to engage in or to decline participation in the sexual act or behavior

The law defines a sexual act as the following actions, with intent to arouse or gratify the perpetrator or to abuse, harass, degrade, or humiliate another individual:

• Contact between the penis, vulva, anus, or mouth, or
• The penetration of the vulva, anus, or mouth by a penis, finger, or other body part or a foreign object

Other types of federal sex crimes

Sexual abuse is one type of federal sex crime, which is a felony. The federal sex crime of sexual abuse is further broken into more specific categories by additional related laws, such as:

• Aggravated sexual abuse, wherein the perpetrator threatening or implicating fear that may place another person in a situation of kidnapping, serious bodily injury, and/or death. This charge is a more serious federal sex crime regarding sexual abuse, with more severe penalties for those charged with it.
• Sexual abuse of a minor or ward, wherein the perpetrator engages with a person under the age of 18 or a ward (someone whom the federal system has custody) in a sexual activity. This is another federal sex crime and it is accompanied by some of the harshest minimum prison terms for offenders.

Both of these convictions are accompanied by even more severe penalties and imprisonment terms.

Any person can be the abuser. While society may create stereotypes around who an abuser is, in reality, people who commit sex crimes and sexual abuse are old and young, male and female, wealthy and middle-class and poor. Research shows that it is largely men who commit such crimes, but other than gender, the offenders do not fit other stereotypes or categories.

Just as any person can be an abuser, any person can also be a victim of sexual abuse.

Research further indicates that sexual abuse is very often much more about one asserting his or her power over another person – and less about sex. Two more situations are likely when it comes to who perpetrates sexual abuse and who is the victim:

• Regardless of whether you are a male or female, a cisgender or transgender individual, the perpetrator is likely to be male.
• In the majority of sexual abuse cases, the perpetrator and the victim known each other, whether directly and intimately or as more casual acquaintances.

The U.S. laws around sexual abuse do not typically come into play when the such abuse takes place in a single state. Instead, federal laws that apply to sexual abuse must occur in the following places:

• Federal lands, such as military bases or Native American territories
• A special maritime or territorial jurisdiction of the United States
• A federal prison
• Any prison, facility, or institution that detains or holds custody of individuals, wherein the facility is contracted with a Federal agency or department

An offender who is convicted of federal sexual abuse can face fines, minimums of imprisonment, and other punishment. Federal sex crime convictions are often accompanied by more severe punishment than sex felonies at the state level.

A statute of limitation is a legal concept that says a formal case against an offense must be brought within a pre-determined period. For many crimes, the statute of limitation is set at five or seven years. The reason for creating statutes of limitations in the first place partially related to the deterioration of physical evidence that may be required in particular cases.

Statute of limitations often apply to felony sex crimes at the state level, which means that a victim must pursue legal action against his or her abuser within a particular timeframe of the event in question. In fact, only seven states in the U.S. have no statute of limitations for such crimes, which means a victim of sexual abuse can formally accuse his or her abuser at any point.

Federal sex crimes, however, take a stricter and more severe approach to prosecuting sexual abuse. If a case of sexual abuse violates federal sex laws, it is not subject to any statute of limitations, therefore a charge against you can come at any time. The U.S. Criminal Code Title 10 addresses this statute of limitations in Section 843, Article 43 Statute of Limitations, as follows:

Any person who is charged with murder, rape or sexual assault, or the rape or sexual assault of a child (aged 16 or under; different than a minor) can be tried and punished at any time and without limitation.

The law further indicates certain exceptions, wherein an individual cannot be court martialed (when applicable) for a case that has taken place more than five years prior or when the U.S. is at war and certain procedures are suspended until a pre-determined time afterwards.

The individual who forces or otherwise engages in the sexual act or behavior, or attempts to do so, can be fined and/or imprisoned. Section 2242 of the U.S. Criminal Code says that both successful and unsuccessful attempts at sexual abuse as defined in its law are punishable by imprisonment for any number of years up to a life sentence. Additional potential penalties can involve fines and registering for the national sex registry.

The laws regarding federal sex crimes often list minimum and/or maximum imprisonment terms. These assume the perpetrator is a first-time offender; for second and repeat offenders, the penalties can be more severe. Similarly, if the circumstances of the crime are particularly egregious, additional laws and penalties may apply.

The national sex registry is a nationwide database that collects information at the state and federal levels. Those who are convicted of sexual abuse or other federal sex crimes are often mandated, as part of their punishment, to comply with current national sex registry laws. This means submitting up-to-date information on your name, residence, place of employment, and many other details.

Any penalty that includes enrolling in the national sex registry categories the perpetrator into one of three tiers based on the severity of the crime. These tiers inform how long the perpetrator must maintain a current status with the registry, as follows:

• Tier I is the lowest level, which requires someone to be registered for 15 years. This usually does not apply to sexual abuse cases, as they are typically judged more severely, even for first-time offenders.
• Tier II is the middle level, requiring someone to be registered for 25 years. This can apply to sexual abuse cases on the federal level.
• Tier III is the most severe conviction, requiring someone to stay currently registered for the rest of his or her life. This typically applies to repeat offenders though can also include first-time convictions for aggravated crimes.

The national sex registry can have a significant impact on your life, as it can severely limit your employment opportunities and determine where you may or may not live. Further stipulations can involve prevent those listed on a national sex registry from stepping within a certain distance of a public park or school.

If you are accused of a federal sex crime such as sexual abuse, you should seek professional legal counsel immediately. An experienced defense attorney can provide vital guidance and help you fight the case in federal court.

Some common defenses for federal sex crimes include:

• This is the first angle your attorney should explore – if you are innocent of the accusations against you, the burden to prove you are guilty rests with the federal prosecutor. Even if you are not wholly innocent, your attorney may be able to instill doubts into the court that makes it unclear whether you committed the crime.
• Because sexual abuse is a crime of consent vs. non-consent, you and your attorney may be able to prove that the incident in question was not a crime because the other individual provided consent.
• Mental instability on insanity. Another way to fight a federal sex crime case is to show that you were either permanently or temporarily insane at the time of the event, or otherwise incapable of judging the situation as illegal.

Your defense lawyer will be able to suggest other defense strategies that more aptly apply to your situation. As always, your lawyer and legal team are bound by professional confidentiality agreements, so telling your whole story honestly is vital to ensuring your best defense and legal outcome.

Are you facing criminal charges for sexual abuse, or you’re concerned you may be soon? Be sure you are getting the protection you deserve – contact Sex Crimes Attorney today. We work with clients nationwide, which means we understand the federal, state, and local laws that are in effect where you live.