Sexual assault is a crime involving someone forcing unwanted sexual contact onto another person. Sexual assault can range from inappropriate touching or groping to much more serious crimes such as rape. More recently, laws have been implemented to include online sexual crimes, such as pornography or performing sexual acts that can be seen or heard by a young child.
Sexual abuse and assault are serious criminal offenses that often carry severe penalties. Sex abuse can occur anywhere, including schools, camps, massage therapy parlors, or private homes.
Laws surrounding sexual violence are complex and vary significantly based on whether a case is tried in federal or state court, as well as from state to state. Given the complex sexual abuse law in the United States, it is crucial to find an experienced lawyer to represent your case.
How Are Sexual Crimes Prosecuted in The United States?
Sexual crimes are generally considered felonies and can carry severe penalties at both the state and federal levels. Penalties may include fines or imprisonment, and perpetrators may face harsher penalties if the crime was committed with threats or force, serious injury or death occurred as a result, or a child was kidnapped in the process. The charges they face depend on the specifics of the assault, state laws, and various other factors.
Are Sex Crimes Tried in Federal or State Courts?
Most sexual assault and abuse cases are prosecuted at the local or state level. Federal laws generally only apply to sexual abuse when the crime occurs on federal property, such as military bases or Native American reservations.
State and federal laws can differ significantly even for the same offenses. Most sexual crimes are prosecuted at the state level, but federal law enforcement may become involved if the crime crosses state or international borders, involves a minor, violates federal laws, or is internet-related, such as online sex trafficking or child pornography.
Federal sex crimes often carry harsher penalties, and, in some cases, defendants may face charges from both federal and state authorities.
What About The Sexual Abuse of a Child?
Child sexual abuse is a crime involving any sexual activity with a minor under the age of consent. The age of consent varies by state, ranging from 16-18 years old. A person below this age cannot legally give consent for any form of sexual activity, including online sexual acts.
How do sexual abuse laws differ from state to state?
Sexual assault laws vary widely from state to state, and the same sexual act may be categorized and charged in different ways.
Other factors can also influence the charges and penalties associated with a crime, including the victim’s age, the age difference between the victim and the abuser, and the nature of the relationship between them. For example, in Michigan, it is considered sexual abuse for a mental health professional to have sex with a patient during the treatment period and within two years following the end of the treatment. Minnesota has similar laws concerning psychotherapists, clergy, and transportation service agents.
Most states make a distinction between non-violent acts and acts that require force, such as if there was a firearm or an accomplice, if it occurred during the commission of another crime, or if the victim was seriously injured during the attack.
Wisconsin distinguishes sex crimes that cause pregnancy, injury, illness, or mental anguish from others. Hawaii and Washington have specific laws against trespassing for the express purpose of voyeurism. Illinois law makes a distinction based on whether a firearm was discharged during the crime. In Florida, previous convictions may affect the charges. And North Dakota specifies sexual acts committed as part of the “induction, initiation, ceremony, pledge, hazing, or qualification to become a member or an associate of any criminal street gang”.
How Do I File a Lawsuit against an Abuser?
If you or your child is a victim of a sex crime, you may be eligible to file a lawsuit to hold your abuser accountable and get the compensation you deserve. But don’t wait; statutes of limitation laws apply to sex crimes.
Contact a law firm that specializes in sexual abuse claims and set up a free consultation to discuss your case. Your lawyer can determine if your case is still within the time limit for filing a claim, help you gather evidence, and assist you in filing a claim. If your case goes to court, a compassionate lawyer will be with you every step of the way.
Recent Legislative Changes for Sexual Abuse Survivors
The Debbie Smith Act of 2024 helps sex abuse victims by providing grants to local and state governments to improve and expand the collection and analysis of DNA evidence, which includes sexual assault kits, improving the chances of proving your case in court with physical evidence of assault.
A bill was introduced in the Senate to reauthorize and modify the programs established under the Violence Against Women Act (VAWA) of 2022. The original VAWA aimed to enhance law enforcement’s responses to sexual assault, among other things, and increase services available for victims and survivors. If the proposed modifications are approved, they would authorize new programs and amend federal laws to improve the economic security of victims of sexual assault.
Are You a Victim of a Sex Crime?
If you or someone you know has been the victim of sexual abuse or assault, it’s essential to understand your rights as a sexual abuse survivor. Talk to an attorney today to find out if you can file a claim against your abuser, hold them accountable for their actions, and seek the financial compensation you deserve.
The laws surrounding sex crimes are complex and can vary based on whether the case is tried in federal or state jurisdictions. If the case goes to a state court, the laws may differ from one state to another. A law firm specializing in sexual abuse cases can help you navigate the legal system effectively.
Shrader & Associates Is Here to Help
For over 20 years, Shrader & Associates has been helping clients receive compensation for crimes committed against them. Our team of skilled and compassionate sex abuse lawyers can help you get the justice you deserve.
Contact us today to set up your free initial consultation!