Penalties for Sexual Assault

When most people hear the term “sexual assault”, they often think it means that a person was raped.  However, the crime can include any of the following:

• Child sexual abuse
• Rape
• Attempted rape
• Incest
• Exhibitionism
• Voyeurism
• Obscene Phone Calls
• Fondling
• Sexual harassment

Even though the vast majority of the victims are women, men can also become a victim to unwanted sexual advances or assault.  Assailants can be strangers, acquaintances, friends, or family members who use violence, threats, coercion, manipulation, or pressure against their victims.  Whatever the circumstances, no one asks or deserves to be sexually assaulted.

Punishment for Sex Crimes

There are varying degrees of sexual assault and first, second and third degree are prosecuted as felonies, whereas a fourth degree assault is considered a misdemeanor.  All felonies are classified by a letter or number that determines the seriousness of the crime.  Rape or a sexual offense is categorized as a Class B or Class C felony.  For first time offenders, the punishment can include:

• Imprisonment for a term ranging between 5 to 20 years
• Fines ranging between $10,000 to $100,000
• Loss of ability to obtain certain types of employment
• Loss of the right to vote, run for office or serve in the military
• Driver’s license may be suspended or revoked

Committing sexual assault in the first degree is a Class A felony if serious injury includes bodily injury which creates a risk of death, causes serious permanent disfigurement, loss or impairment of any bodily function, or injury to a child that requires surgical repair.  The maximum punishment for first-degree sex abuse can be life imprisonment without the possibility of parole.

Evidence Required for a Conviction

When dealing with crimes of a sexual nature, the investigator must collect and preserve all pertinent evidence relating to the crime.  The offender’s DNA may be left on the body of the victim, their clothing or at the crime scene.  This evidence can be critical to identification of the offender proving the elements showing that a crime was committed.  In certain cases, the victim’s character, behavior, and credibility may play an important role in whether charges are filed against the suspect.  The likelihood of a conviction depends primarily on the victim’s ability to articulate what happened.  For this reason, crimes of a sexual nature often go unprosecuted, especially when the victim is a child and the parents don’t want them to relive the trauma.

How An Attorney Can Help

A defense lawyer may be able to argue that no crime was committed if the sex was of a consensual nature.  This is most often used when the victim and offender are acquainted somehow.  If you are facing sexual assault charges, it is vital that you hire a competent and aggressive criminal law attorney who will work to defend your legal rights and ensure you are not unduly punished.