Sexual Abuse of a Minor or Ward

Sexual abuse often refers to the act or attempted act of one individual forcing sexual acts, including but not limited to sexual intercourse, onto another individual. The subject of the action can be known as the victim. The victim may have no desire for such a sexual act with the offending individual, or they may meet other definitions that make such sexual action illegal, such as:

• If the person is not capable of appraising or judging the nature of the individual’s conduct,
• If the person is not capable of communicating unwillingness to participate in the sexual act, or
• If the person is not capable of declining participating in the sexual act.

Sexual abuse can happen to both legal adults, as determined by age, as well as to children, legally known as minors.

In order for sexual abuse to be considered, investigated, and prosecuted as a federal sex crime, it must occur in specific places or under specific circumstances. For instance, if the sexual abuse occurs wholly within a single state, it is the responsibility of the State or other local jurisdiction to investigate and prosecute the case. If, however, the sexual abuse occurs across more than one state, it may be considered a federal sex crime.

Sex crimes are also considered a matter of federal jurisdiction when the act occurs in the following geographies:

• On land owned by the federal government, such as a military base or a Native American territory
• In a special maritime or territorial U.S. jurisdiction
• In a designated federal prison, or an institution, prison, or other facility that keeps people in custody that has any contract or agreement with a federal department or agency

The United States Criminal Code makes sexual abuse illegal. Specifically, Title 18, Part One, Chapter 190A addresses sexual abuse by defining it and clarifying potential punishment for a convicted offender. Section 2243 of this chapter addresses sexual abuse of both minors and wards, on the federal level.

Importantly, sexual abuse can be further defined by state and local jurisdictions. For instance, states across the U.S. vary in their age of consent, which can be important in certain cases of sexual abuse.

The federal sex offense law that prohibits sexual abuse of children, minors, and wards has four parts, summarized as follows:

The federal law defines a minor as someone who meets both of the following qualifications:

• Is at least 12 years old but is under 16 years old
• Is at minimum 4 years younger than the individual engaging in or conducting the sexual act

The federal law makes a distinction between minors and ward. The law determines that a ward is someone who meets both of the following qualifications:

• Is in official detention
• Is under the custody, supervision, or disciplinary authority of the individual engaging in or conducting the sexual act

During the prosecution of an offender, otherwise known as the defendant, the defendant may seek defense. This defense is required to establish proof that:

• The defendant had reasonable belief that the other individual was at least 16 years or older at the time of the act; or
• That both parties who engaged in the sexual act were married to each other at the time of the act in question.

This section codifies that when the federal government is prosecuting a case of sexual abuse of a minor, as legally defined above, the government is not required to prove that the defendant (the offender) knew either of the following:

• The age of the individual engaging in the sexual act, or
• That the requisite age difference between both parties existed.

Federal law is particularly harsh when it comes to sex crimes involving children and minors. Whereas many laws may not specify certain punishments, it is not uncommon for federal sex crimes to be accompanied by mandatory imprisonment terms, fines, and mandatory registry with the national sex offender’s database.

An offender who is convicted of sexual abuse of a minor or ward, or who is convicted of the attempt of sexual abuse, can be fined, imprisoned for up to 15 years, or both. This sentence can be elevated if the felon has had repeat convictions in the past or if the circumstances of his or her crime were particularly aggravated.

Furthermore, offenders can be prosecuted and convicted on the unsuccessful attempt to sexually abuse minors and wards, and the punishment and sentencing can be the same in severity and manner as someone who performed such sexual abuse.

When convicted of a federal sex crime, it is very common for an offender to be required to join the national sex offender registry. This is mandated by the Sex Offender Registration and Notification Act (SORNA), which compiles all state sex registries into the national sex registry. This registry serves as a way to track sex offenders and notify the public of the locations of such offenders.

The national sex registry is a controversial topic because it can mean years or decades of limits on personal freedom for any person convicted of a federal sex crime. For instance, if you are listed on the national sex registry, you may lose your job or find much fewer opportunities for gainful employment. Certain residences may ban sex offenders from living on premises. Further, communities may specify that anyone on a sex registry may be prohibited from passing through or by a school or public park.

When you are sentenced for a federal sex crime, your sentence will typically carry one of three tiers, which determine how long you are required to keep an up-to-date status with the national sex registry. The tiers are as follows:

• Tier I is the least severe. This requires that the offender stay registered with the national sex database for 15 years. If you are convicted of a sexual crime involving a minor, you will likely bypass this tier, as child sex crimes are considered more severe.
• Tier II is the middle level, which requires the offender stay registered with the national sex registry for 25 years. First time offenders are often given a sentence including this tier.
• Tier III is the most severe tier, requiring an offender to maintain a current status with the national sex registry for the rest of his or her life. This tier is often applied to repeat offenders of federal sex crimes and to first time offenders who acted under particularly aggravated circumstances.

When dealing with a case of sexual abuse at the federal level, it is important to understand some key terminology. The following are common terms and definitions:

• Age of consent: This term refers to the age at which an individual is of sound mind to consent to a sexual act. This term is typically used at the state level, where the age can vary, most often between 16 and 18 years of age. At the federal level, the term minor is more often used.
• Aggravated: This term is often used in legal circumstances to describe types of offenses that are more severe or extenuating. For instance, aggravated sexual abuse which is a more severe form of sexual abuse because of one or more circumstances.
• Forcible and non-forcible sex offenses: These terms are used to distinguish whether consent is obtainable during a sex crime. A forcible sex offense involves an individual compelling another person to submit to a sexual act despite intentional resistance. A non-forcible sex offence involves an individual having sexual activity with a person who is incapable of providing consent, which may due to the person’s age, as in minors, or a person’s physical, mental, or other disability that makes them incompetent.
• Minor: Federal law defines a minor as any person who is 12 years or older but under 16 years of age and is at least four years younger than the individual or is forcing or conducting the sexual activity.
• Molestation: This term often refers to criminal sexual acts with minors. When it is used outside of legal context, molestation may refer to various types of unwanted sexual activity.
• Sex act or sexual act: This term refers to any act that involves sexual intercourse or sexual penetration. Sexual intercourse can be defined as any contact between the penis, vulva, anus, or mouth. Sexual penetration refers to the penetration, even if it is slight, of the mouth or vaginal or anal cavity by a penis, finger, other body part, or foreign object. The sexual intercourse or penetration is performed with the purpose of sexual arousal and gratification of one or more partner, and/or the intent of embarrassment, humiliation, and other unwanted outcomes of the individual who is not able to consent or unable to understand consent.
• Sexual conduct: This term can include but is not limited to sex acts. Sexual conduct can also include exchanging sexual behavior for commercial purposes, such as prostitution, or producing or depicting a person in a sexual way, such as pornography. This term can also refer to the way one individual communicates with another. In sexting, one person may send text messages with sexually explicit language.
• Ward: This term refers to any individual who is in official detention, often a state or local institution, wherein he or she is under the custody, disciplinary authority, or supervision of a particular individual or group of individuals.

Navigating a charge of child sexual abuse is a threatening, confusing, and overwhelming situation. You may feel you are wrongly charged, misunderstood, or a target of another person or law enforcement.

If you are being charged or investigated for sexual abuse of any kind, consult with a lawyer or defense attorney as soon as possible. Consider meeting with more than one legal team, so you can find the best legal defense to represent your case in court. A good defense lawyer will have specific experience dealing with federal courts and cases similar to yours and he or she will be able to explore many avenues for your defense strategy.