Federal Sexual Assault Defense Attorney
The term "sexual assault" usually describes a crime where someone engages in unwanted sexual contact or touches another person offensively.
In simple terms, sexual assault encompasses a wide range of illegal actions, including rape, groping, and touching with the intent to commit assault and battery.
All states criminalize sexual assault, and local district attorneys in state courts prosecute most cases.
While each state has its own specific legal definition, sexual assault generally involves touching someone in an unwanted manner without their consent.
In simple terms, sexual assault encompasses any nonconsensual sexual act prohibited by law, including situations where the individual cannot give consent.
Sexual battery is typically defined as sexual contact that does not include penetration or sodomy but involves physical contact of a sexual nature without the other person's consent.
Sexual Assault Prosecuted in Federal Court
Sexual assault and battery are distinct legal terms describing different state and federal crimes. Certain sexual assault cases are prosecuted in federal court. Conviction can lead to harsh penalties at both levels.
Typically, sexual assault involves involuntary sexual touching achieved through force, coercion, or the victim's incapacitation.
Under federal law, a victim is deemed incapacitated if they cannot mentally understand the sexual acts or are physically unable to show that they did not want to participate.
Often, sexual assault charges involve date rape drugs, other substances, alcohol, and intoxication, which can impair a person's ability to consent.
What are the Federal Sexual Assault Statutes?
- 18 U.S. Code 2242 defines sexual abuse to include physical coercion and may result in fines and life imprisonment in federal prisons, maritime and territorial jurisdictions, and other institutions.
- 10 U.S. Code 920 defines rape to include situations where someone is rendered unconscious. The law states that consent is not given by a person who is asleep, unconscious, or mentally incompetent, or by a victim who is threatened.
- The Debbie Smith Act provides funding for DNA evidence to support a national database.
- The Clery Act mandates that colleges and universities notify students about crimes related to sexual violence.
- The Campus Save Act enhances transparency standards for colleges, ensures survivor rights are protected, and sets up disciplinary procedures.
- Federal laws also address sexual abuse of children that can be prosecuted under federal jurisdiction on federal lands, including military bases, Indian reservations, and other government-owned areas.
Federal Sexual Assault - Clarified
Federal sexual assault and rape are collectively referred to as "sexual abuse" and are governed by 10 U.S. Code 920, Art. 120. The central element of a sexual assault offense is consent.
Under federal law, the age of consent is 16, whereas in most states it is 18.
To convict you, the government must demonstrate beyond a reasonable doubt that the act took place within the special maritime and territorial jurisdiction of the United States, a federal prison, or any facility where individuals are held in custody by a federal department or agency, with knowledge.
The elements of the crime to convict include the following:
- You forced someone to perform a sexual act through threat or coercion.
- Instilling fear of death, serious injury, kidnapping, or
- You engaged in or attempted a sexual act with someone unable to evaluate the nature of the conduct or physically cannot say no or communicate their unwillingness.
- You engage in or attempt to engage in a sexual act with a minor aged between 12 and 16, who is at least four years younger than the defendant.
- You engage in or attempt to engage in a sexual act with someone who is in official detention or under their custody.
What is Sexual Battery Under Federal Law?
The federal offense of sexual battery is known as "aggravated sexual abuse," as defined by 18 U.S.C. 2241.
To secure a conviction, the prosecution must also demonstrate beyond a reasonable doubt that the act took place within the special maritime and territorial jurisdiction of the United States.
The elements of the crime to convict include the following:
- You intentionally motivated someone to participate in a sexual act through the use of force or coercion.
- By threatening or instilling fear that they might die, suffer serious physical injury, be kidnapped, or try to do so.
- You rendered them unconscious and then engaged in a sexual act with them or
- Forced the victim to take a drug, intoxicant, or similar substance through violence or threats.
- Significantly hindered their capacity to control their actions and to participate in or try to participate in a sexual act.
- You crossed a state boundary intending to engage in a sexual act with someone under 12.
- If you are under 16 years old and more than four years older than the victim.
The term "sexual act" refers to activities such as the penetration, even if slight, of the penis into the anus or mouth, contact between the mouth and the penis, vulva, scrotum, or anus.
It also includes the penetration, however minimal, of the penis or anus of another person by any body part or object, with the purpose of abusing, humiliating, harassing, degrading any individual, or to incite or satisfy sexual desire.
The term "force" refers to using a weapon or physical strength or violence to overcome, restrain, or injure a person, or to inflict physical harm that coerces or compels submission by the victim.
What are the Related Federal Statutes?
Chapter 109A of 18 U.S. Code encompasses various federal statutes addressing sexual abuse, including the following:
- 18 U.S.C. 2241 - aggravated sexual abuse
- 18 U.S.C. 2242 - sexual abuse
- 18 U.S.C. 2243 - sexual abuse of a minor or ward
- 18 U.S.C. 2244 - abusive sexual contact
- 18 U.S.C. 2245 - offenses resulting in death
- 18 U.S.C. 2246 - definitions for the chapter
- 18 U.S.C. 2247 - repeat offenders
- 18 U.S.C. 2248 - mandatory restitution
- 18 U.S.C. 2251 - sexual exploitation of children
- 18 U.S.C. 2251A - selling or buying of children
- 18 U.S.C. 2252 - federal child pornography law
When you're alleged to have committed abusive sexual contact while on federal property, the case falls within federal jurisdiction under 18 U.S.C. § 2244, which amplifies the stakes considerably.
Under 18 U.S.C. 1589, forced labor is a serious criminal offense covered by federal human trafficking and modern slavery laws.
What are the Potential Punishments?
The United States federal sentencing guidelines specify the minimum and maximum penalties for federal convictions, taking into account the nature of the conduct and 43 offense levels.
A defendant's criminal history is evaluated through six categories. Based on prior offenses and criminal history, a defendant receives points ranging from 1 to 6.
Defendants who accept responsibility for their actions may be eligible for a two- or three-level reduction in their criminal history category.
Sentences for federal sexual assault or battery differ based on the specifics of the crime and the victim's age, as illustrated below:
- Aggravated sexual assault can result in a prison sentence of up to ten years in federal prison.
- Sexual abuse results in a prison sentence of three years, a fine, or both.
- The sexual abuse of a minor ward is punishable by up to two years in prison, a fine, or both.
- If the minor is four years younger than the defendant, the maximum imprisonment term can be extended to 15 years.
- Aggravated sexual assault results in a sentence of 30 years or life imprisonment.
- Registration on both national and state-specific sex offender registries is required. These publicly accessible websites list the defendant's name, address, and case details.
Most sex offenders are required to undergo treatment while in jail, prison, or as part of their probation.
Those convicted of sexually abusing a child face fines and imprisonment, with even harsher penalties if the crime involved aggravating factors such as the use of force or threats, causing serious injury or death, or kidnapping a child.
What are the Potential Defenses?
Our federal criminal defense attorneys can consider multiple legal defenses for charges of sexual assault or battery at the federal level.
For example, if you're accused of sexual assault involving a minor under 16, we might argue that you reasonably believed the victim was over 16 during the incident. Alternatively, we could claim mistaken identity as a defense.
We might argue that the sexual activity was consensual. Usually, the main defense in sexual assault cases is to acknowledge that the act took place but claim the victim consented.
The federal prosecutor needs to prove that the act happened without the victim's consent and against their will. For more details, contact us. Eisner Gorin LLP is located in Los Angeles, California.
If you have one phone call from jail, call us! If you are facing criminal charges,