Sexual Abuse Offense

Sexual abuse is a crime where a perpetrator engages another person, or causes another person to engage in a sexual act or activity, when the other person is incapable of communicating consent.  Typically, this type of behavior is treated as a felony crime, which is a crime where the penalty involves more than one year imprisonment.

Types of Sexual Abuse Offenses

 Every jurisdiction defines sexual abuse offenses differently.  However, many jurisdictions include the following as sexual abuse offenses:

• sexual assault
• sexual battery
• touching
• groping
• fondling
• sexual molestation
• rape

Laws Applicable to Sexual Abuse Offenses

Sexual abuse offenses are usually based upon criminal charges of rape, assault, battery and other violations of the state’s penal code. Therefore, the individual state’s penal code will indicate the consequence of committing the crime.  In addition, private lawsuits based upon sexual abuse offenses may be asserted on various theories of law which can include the following:

• sexual assault
• sexual battery
• assault
• battery
• false imprisonment
• negligence

Criminal Penalties for Sexual Abuse Offenses

Usually, a sexual abuse offense conviction will constitute a felony.  A felony crime is generally one which involves imprisonment of one year or more.  In addition, one may have to pay a fine which ranges from $1000.00 to $10,000.00 per offense.

Filing Charges

If one seeks to file criminal charges against the perpetrator of a sexual abuse offense, one must file a formal report at the local police department, which will then work with the local district attorney in investigating the matter.  If the matter is pursued, formal charges are then made and an arrest will ensue.  Next, the case will proceed.  Evidence will be collected, in the form of physical evidence, such as photographs of the victim (of bruises, marks on the body, etc.), completed rape kits, witness testimony and any other supporting documentation.  The case may be plea bargained, where the perpetrator will receive a reduced sentence in exchange for pleading guilty to the charge, or the case will proceed to a jury who will decide the case.

Defense for the Accused

In a criminal case, the accused individual or “defendant,” can either retain a private attorney, or have an attorney appointed to represent them at no charge by the State.  The defendant can present a defense to the sexual abuse charge.  This defense varies depending upon the specific circumstances of the case and the reasons why the defendant believes he or she is not guilty of the sexual abuse charge.  For example, a defendant could claim he or she made a mistake and thought the victim was consenting, or that he or she was mentally incapable of committing the crime.

How a Lawyer Can Assist

If one is a victim of a sexual abuse offense, one may seek to consult with an experience criminal attorney.  An experienced attorney can help to evaluate the case and advise one as to what options one may have in the matter.  Moreover, an experienced attorney will likely have relationships in the local criminal system, which can help to achieve the result you are seeking.  In addition, if the matter goes to a trial, an experienced sexual assault attorney can help to improve one’s experience as a witness which can help in the presentation of the case before a jury.  Finally, if one seeks to file a private lawsuit, an attorney can help to obtain an optimal settlement on one’s behalf if one elects to enter into settlement negotiations in the matter.