Sexual Misconduct Laws, Charges, and Defenses

Sexual misconduct is a broad term that encompasses any inappropriate behavior of a sexual nature. Sexual misconduct may involve violence, exploitation, or verbal harassment. Examples of sexual misconduct include sexual assault (rape, sexual abuse, statutory rape), sexual exploitation, and sexual harassment.

Types of Sexual Misconduct

Sexual misconduct is wrongful or unlawful behavior of a sexual nature. Some forms of sexual misconduct, like forcible rape, are crimes—perpetrators can be prosecuted and punished with jail time. Other forms, like sexual harassment, are civil wrongs— victims can sue their harassers for money.

Forcible Rape, Sexual Assault, and Sexual Battery

Laws vary from state to state, but rape typically involves sexual penetration (of the vagina, mouth, or anus) that is forced on another person without that person's consent. Rape is a serious felony that can lead to many years or even life in prison depending on the circumstances.

Sexual battery is nonconsensual sexual contact or touching that doesn't involve penetration. In general, the penalties for sexual battery are less severe than rape. Sexual batteries that involve aggravating factors (for example, an underage victim or a victim who was drugged or injured) typically carry felony penalties. Standard sexual batteries like grabbing a woman's breasts or butt without consent is a misdemeanor in many states.

Statutory Rape

Statutory rape is consensual sex with someone under a certain age. Statutory rape laws vary from state to state but they are based on the idea that young people are not mature enough to make informed decisions regarding sexual activity. Statutory rape laws are meant to protect young teens from predatory adults. But some states apply the law even when both parties are minors. Statutory rape crimes can be misdemeanors or felonies based on factors like the age of the victim and the age gap between the victim and the perpetrator.

Child sexual abuse (also called "child molestation") is a much more serious crime involving sexual acts performed on or with a child.

Sexual Exploitation

Laws that prohibit sexual conduct between people in certain relationships are based on the rationale that victims can't truly consent to such activity because they are under the defendant's influence or authority. These relationships include:

• doctors and their patients
• psychologists or counselors and their patients
• caretakers and children
• teachers or school employees and students,
• foster parents and their foster children, and
• probation, parole, or correctional officers and people under their authority.

This type of sexual exploitation can be a crime or an ethical violation that can result in the perpetrator losing their job and occupational license.

Sexual Harassment

In some situations, sexual misconduct may not be a criminal act, but it may violate a workplace policy. For example, people who engage in sexual relations with people they supervise or who create a hostile work environment can be sued in civil court for sexual harassment. Victims might also be able to file a complaint with the Equal Employment Opportunity Commission.

Punishment for Sexual Misconduct

The punishment for sexual misconduct varies from state to state and depends on the classification of the crime. Sexual misconduct may be a misdemeanor, punishable by a relatively short term (usually less than one year) in county or local jail; or it may be a felony, punishable by a longer term in state prison. A person convicted of sexual misconduct also may be required to pay a fine, attend counseling, and register as a sex offender (see below).

Is Sex Offender Registration Required for Sexual Misconduct Crimes?

All states have sex offender registration laws that require people convicted of sex crimes to provide personal information, such as their names, addresses, and photographs to local police, who then make this information publicly available. Registration requirements vary from state to state.

In addition to time in prison or jail, sex offender registration, and a serious criminal record, being convicted of sexual misconduct can result in the loss of your job or professional license. If you are charged with sexual misconduct, you should talk to a local criminal defense attorney about your case. An attorney can tell you what to expect in court, prepare a defense in your case, and protect your rights.