Sexual Assault Penalties and Sentencing

It is relevant to know the types of illegal sexual contact to understand penalties and sentencing imposed on sexual assault crimes.

1. Rape or Criminal Sexual Penetration

Whether your state refers to forced sexual intercourse as rape, sexual battery, criminal sexual penetration, or sexual assault, this criminal conduct is usually designated as sodomy or sexual penetration without consent. It may include the use of violence, fear, threats of violence, or drugs and other forms of intoxication.

2. Criminal Sexual Contact and Sexual Battery

Most states have criminalized sexual conduct that occurs without the consent of the other person, which does not involve oral sex, sodomy, or penetration but is still sexual in nature. An example of sexual battery is when you touch an intimate part of another person’s body (clothed on unclothed) without their consent for your sexual pleasure or arousal. It also includes forcing someone to touch your intimate body parts.

A sexual assault case proceeds to the judge trying the case for sentencing only after a jury finds the defendant guilty. Judges rely on a number of factors to determine a sentence. The criminal statutes of the jurisdiction where the crime took place usually have a set range of sexual assault punishments, which often consist of a minimum and maximum prison term, as well as probation, fines, and other penalties.

1. Set Sexual Assault Sentencing Statutes

It is the judges’ role to determine punishments for sexual assault and other crimes. However, he or she has to follow the U.S. Constitution or state laws. The Eighth Amendment to the constitution of the U.S. does not allow judges to give out excessive bail requirements, impose excessive fines, or inflict unusual and cruel punishments for crimes committed. Sexual assault crimes are specifically enumerated in state and federal statutes and constitutions. What’s more, the provisions that identify sexual assault crimes also determine the appropriate punishments.

2. Mitigating and Aggravating Circumstances

During sentencing, judges examine any mitigating and aggravating factors related to the case before deciding on the exact sentence terms. Aggravating factors refer to any aspects of the case that may suggest the need for imposing a harsher punishment such as the severity of the crime or a defendant’s criminal history. On the other hand, mitigating factors support a lenient sentence.

If a state’s constitution provides the judge with a range of potential punishments, then they usually consider the mitigating or aggravating factors in their sentencing. This allows them to know where a criminal’s penalty should fall along the prescribed punishment spectrum.

Some of the common factors that judges consider in a sexual assault case include:

• Whether the perpetrator is a repeat or first-time offender
• Whether the offender was the main perpetrator or an accessory to the crime
• Whether the offender was under great personal duress or stress while committing the crime
• The resultant effects of the act such as pregnancy or sexually transmitted diseases
• Whether the perpetrator was particularly cruel, vindictive, or destructive to the victim
• Sometimes the judge may consider whether the offender is genuinely remorseful or contrite

3. The Defendant’s Own Words

Under the Federal Rule, 32(a), of Criminal Procedure, the court must afford your counsel an opportunity to speak on your behalf. The court will address you personally and ask you if you wish to make any statement on your behalf or present any information to mitigate your punishment. Most state procedural rules and statutes also have similar provisions.

In many states, the victim or survivor of a sexual assault crime may also be given a chance to address the court to recommend strictness or leniency for your sentence. With any luck, the judge may lean heavily on your case’s mitigating factors and pronounce a lenient sentence. Having a seasoned lawyer on hand who understands sentencing laws and procedures in your state is essential.

1. Penalties for Rape

In many states, sexual assault laws regarding criminal sexual penetration and rape define this act as a felony that carries serious penalties. Most states divide rape crimes into degrees. Ergo, charges depend on the force used, whether a deadly weapon was used, or whether the act resulted in any bodily harm. Possible sentences meted out range from one year to spending life in prison. Penalties are dependent on individual states’ provisions of sentencing guidelines and statutes.

Some states may offer the judge some discretion when it comes to the length of the sentence imposed. Others have clear-cut sentencing statutes and require the court to enforce:

• A minimum prison sentence
• A prison sentence without early parole or probation

2. Penalties for Criminal Sexual Battery and Sexual Contact

Sexual battery and sexual contact crimes that don’t have any form of penetration are not considered highly serious crimes and therefore, carry lighter sexual assault penalties and sentencingthan criminal sexual penetration or rape. A felony refers to any criminal sexual contact committed with the threat of a weapon, by more than one individual, or results in personal injury.

Criminal sexual contact committed using coercion or force without a weapon can be considered a misdemeanor. A misdemeanor conviction could see you jailed for one year. However, jail time is not a requirement for all convictions.

3. Penalties Imposed in Addition to Prison or Jail Sentences

If you are convicted of a sex crime, the state may require you to undergo treatment while in prison or jail or as a probation condition. The purpose is to ensure that you are rehabilitated on top of your punishment.

All states have a sex offender registration program and statutes that require persons convicted of sex offenses to register with the registry of their resident state. States have different requirements that qualify sexual assault perpetrators to register as sex offenders. To register, you will be required to give your name, current address, and information about the crime you committed on file. Some or all of this information is made publicly available, and all states have a sex offender website.

Every state has established its laws concerning sexual assault; states also have different sentencing schemes for offenders convicted of sexual assault. If you commit a federal sexual assault crime, you will face the federal government’s set of sentencing rules.

This means that there are no uniform statutes that apply to all the states. For example, a sexual assault conviction in the state of California carries a determinate sentence of 48, 36, or 24 months in prison plus a possibility of a $10,000 fine. A determinate sentence is one that results in a punishment of serving a specific term in prison. As mentioned above, a judge will examine all the facts and include any mitigating and aggravating circumstances to determine the exact sentence.

On the other hand, the state of New York considers sexual assault a class D felony. During sentencing, the judge has discretion when it comes to setting the sentence; however, the law binds his decision to a specific range. Also, New York sentences are indeterminate, meaning that the judge does not have to set an exact term. Instead, they can choose the sentence period between the absolute minimum (one to two years) and the absolute maximum (seven years).

Sexual assault is considered a federal crime if it violates federal legislation. Although many crimes are tried in the states in which they were committed, any offense committed against federal law or legislation is tried in a federal court. Some crimes start out at the state level but are later elevated to a national level when factors (like crossing state lines) are incorporated.

Federal law requires judges to examine several factors, including the criminal history of the defendant as well as their acceptance of responsibility while setting a punishment. The federal law that criminalizes sexual assault has set a maximum prison sentence of 20 years. It also provides for fines.

In addition, under federal law, if you are convicted of a sexual assault charge, you must compensate your victim for all expenses that are directly related to the crime. This includes costs for occupational or physical therapy, medical care, attorney’s fees, and any other related expenses.

After the end of a federal prison sentence, you will be put on parole or probation. Furthermore, sex offender registration is more often than not obligatory. However, in cases where it does not apply, your state of residency may automatically require you to register with its program.

If your case concerns an offense that violates state laws, it will be tried in a state level court. However, sometimes both federal and state laws are broken in the same crime; thus, both federal and state courts may try your case. The United States Supreme Court made a ruling that if you face a criminal conviction for federal and state charges, your freedom from double jeopardy is not violated.

Convictions in one or both cases can lead to severe punishments in prison or jail and fines. If a double conviction occurs, you may face extensive prison or jail terms along with fines. Other penalties imposed are dependent on the severity of the sexual crimes you committed. Often, federal crimes attract mandatory sentencing guidelines for convicted offenders.

As you can see, getting charged with a sexual assault charge of any nature is a serious issue that requires your immediate attention. This is because it carries severe penalties like prison sentences and other related adverse effects like registering as a sex offender. It can negatively affect your life, end your career, or break your family and other close relationships. This is why you need the services of a seasoned criminal defense lawyer as early as possible. In some cases, your lawyer may negotiate a favorable plea bargain that will not require you to register as a sex offender.