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Sexual Assault
Sexual assault can occur when any unwanted or non consensual sexual contact occurs. This can include touching over clothing or actual sexual intercourse or lewd behavior and may also occur if the victim is unable to give consent. Typically this occurs if the victim is physically or mentally unable to give consent or is intoxicated or otherwise under the influence of drugs or alcohol and unable to give consent.
Sexual Assault Penalties
Sexual assault is considered a very serious crime, even if it does not include rape or sexual intercourse. Since it is a felony offense there are very serious penalties imposed even for first time offenders. Individuals with more than one conviction on their record or multiple convictions at the same time will face much more significant jail time.
Possible Penalties for Sexual Assault
- Jail time
- Fines and victim restitution
- Mandatory registration as a sex offender
- Parole
- Court ordered counseling
- AIDS/HIV testing and awareness classes
Sexual Assault Sentencing
Even with first offenders the court is very strict with sentencing since these types of crimes are absolutely devastating for the victim. In some circumstances there may be mitigating factors that an attorney can present in court that may help to lessen the charges to a misdemeanor or alternative sentencing, providing the accused has professional legal representation. Generally a minimum jail sentence will be imposed, but for first offenders education and counseling and probation may be recommended over full jail time.
Sexual Assault Charges And Legal Help
Sexual Assault charges have a lot of social stigma attached and can be some of the most difficult to defend yourself against. Working with a criminal defense attorney that specializes in sexual assault cases is important, since there are options for both sentencing and getting the charges reduced in many cases. There are also options to appeal a sentence in these types of cases, so having legal representation your are confident in is really an important first step.
Sexual Assault: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | 4000-5000 $ | 10 years | not be eligible for probation | Not Available |
| Alaska | $100000 - $250000 fine | 10 years - 20 years in jail | In Alaska, for example, a court may not order probation if the person has been convicted of sexual assault or if the person's conviction is his second assault or ... of destruction of mail and sentenced to five years' probation and a fine. ... | Not Available |
| Arizona | Varies by Case | 5.25 years to 14 years | Varies by Case | Not Available |
| Arkansas | up to $15000.00 | 20 years max | 7 years | CS |
| California | 250-500 | 6m-7 years with a weapon | 5 years min | manditory registry list and restraining order |
| Colorado | 1200-2000 | 30-90 | 10 years | class three felony, 300 hours of state community service |
| Connecticut | 151 | 10 to 25 years | nine months mandatory minimum | Not Available |
| Delaware | Varies by Case | 10 years | Varies by Case | incarceration, significant fines, psychiatric treatment and paying restitution to the victim, required to register as a sex offender, possibly for the rest of his or her life |
| Florida | $500 - 10000 dollars | 60 days - 30 years | up to 5 years | Judge may order the defendant to be evaluated by a psychiatrist. Also may have to pay restitution. |
| Georgia | Varies by Case | 1-20 years | Varies by Case | Not Available |
| Hawaii | $1000-$5,000 | 5years to 20 yeras | 20 years | suspension of sentence |
| Idaho | 5000 | 20 to Life | 5 Years | Not Available |
| Illinois | 2000 | Class X Felony: 6-30 years imprisonment | 12 years | Not Available |
| Indiana | $100-$250 | 30days | one year | 80 hours of community service |
| Iowa | max $7000 | max 5 years | 5 years | Not Available |
| Kansas | 1200-1500 | 6m-1 yr | 4 years | Not Available |
| Kentucky | 250-500 | 30-60 days max | 3-7 years | Not Available |
| Louisiana | 500 | 90 days min | 2 years | cs |
| Maine | 2500 | 2 years | 1 year | Not Available |
| Maryland | Upto $10000 | Maximum 15 years | Varies by Case | Not Available |
| Massachusetts | up to 1000 $ | 1-2 and a half years | Varies by Case | serve 30 hours of community service |
| Michigan | significant fines | Varies Widely by Case | Varies by Case | psychiatric treatment, register as a sex offender |
| Minnesota | 500 | Varies Widely by Case | 3 | community service 100 hours |
| Mississippi | Varies by Case | 2 years - Death reduced to Life. | Varies by Case | Not Available |
| Missouri | $1000 to $2000 | Less than a year | 18 moinths | Not Available |
| Montana | $50000 maximum | 6 months to life imprisonment | Varies by Case | Not Available |
| Nebraska | Varies by Case | twelve years | Varies by Case | license suspension, substantial fines, felony, |
| Nevada | 250-300 | 2 years max | Varies by Case | Anger Mangement |
| New Hampshire | NA | UP to 10 to 20 years | Varies by Case | Not Available |
| New Jersey | 250-500 | 30 days max | 2-5 years | Anger Mangement |
| New Mexico | 500-1000 | 90d-6months | 2 years | Not Available |
| New York | 1000 | 1.5-4 years | 20 years-life | Must register in the Sex Offender Regeristry |
| North Carolina | 0-$10,00 | 0-life, depending on the type of sexual assault | Based on type of sexual assault, but can range from 6 months to life | Could be ordered to pay reparations to the victim, have to register as a sex offender in the Sex Offender Registery for between 20 years to life |
| North Dakota | 1000-5000 $ | 1-5 years | 2 years | Not Available |
| Ohio | Varies by Case | Not less than five years to life without parole | Varies by Case | Not Available |
| Oklahoma | $500-$20,000 | 30 days-10 years | Varies by Case | mandatory registration for life on the Sex Offender Registery, |
| Oregon | $125,000-$250,000 | 6-10 years | 10 years | Not Available |
| Pennsylvania | 250-500 | 30-60 days | 3 years max | Not Available |
| Rhode Island | $5000-$10000 | 3-15 years | 10years | plea of guilty or plea of nolo contendere |
| South Carolina | 250-500 | 2 years min 7 years max | 8 years | Manditory restraining order |
| South Dakota | 500 | max 6 months | 3 years | CS |
| Tennessee | Varies by Case | Statuatory: 2- 6 years | Varies by Case | Sexual offender registry |
| Texas | $0-$10,000 | 2-20 years | Varies by Case | Not Available |
| Utah | n/a | 6 years to life | Varies by Case | Imprisonment is mandatory. |
| Vermont | up to $50000 | up to life | Varies by Case | sex offender registry requirements exist for the state. |
| Virginia | 500 flat | 2-10 years max | 5 years | Not Available |
| Washington | 1500-2500 | 2-7 years suspended for first offense | 7 years max | Anger Mangement |
| West Virginia | between $1,000 and $10,000. | between 15 and 35 years | Varies by Case | Not Available |
| Wisconsin | 10000 | five-year imprisonment | Varies by Case | Not Available |
| Wyoming | 250-300 | 5 years max 2 suspended | 5 years | Anger management |
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