Overview
Sex offenses are illegal criminal sexual activities ranging from sexual penetration without consent (rape) to sex for hire (prostitution). The most serious crimes involve physical injury or activities involving children. Other crimes include date rape, statutory rape, sodomy, indecent exposure, pornography and voyeurism.
Sexual assault is the unwanted physical contact with a sexual organ. This is when the victim refused consent or objected to physical contact with the offender. State laws protect all sexual-assault victims. In some states, it is a crime to make a sexually suggestive statement.
Type of Conviction
The prosecutor in the county determines what type of crime has been committed. Crimes involving sexual abuse of sexual assault are considered a Felony. Indecent exposure would be considered a Misdemeanor. Each state has statutes defining the crimes, providing consequences and giving guidelines for conviction.
Since most sexual crimes have no witnesses, convictions are usually made on the credibility of the parties or any evidence taken from the scene. Most of the time false accusations are made against each other. It is the job of the prosecutor to prove beyond a reasonable doubt that the defendant committed a sex crime.
Consequences
Consequences for a sex-offensive conviction are very severe and include jail, including life in prison, high fines, registering as a sex offender for life, supervised probation, loss of voting rights, electronic monitoring, counseling, and in some instances, the death penalty.
Types of Rape
Sexual acts that are unwanted and performed without consent from the victim are called Rape. They are also known as sexual assault or abuse. There are different types of Rape.
Date Rape – This type is forced sexual activity between two people at a social gathering. The victim could be intoxicated and unable to give legal consent. In addition, too many people have gotten hold of “date-rape” drugs – rohypnol, gamma-hydroxybutyrate and ketamine. When administered, the victim loses consciousness and is again, unable to give consent. These drugs can cause death. Statistics show date rape is the most commonly unreported type of sexual assault.
Statutory Rape – This type is having sex with an individual under the age of consent. Even if the underage person consents, it is still against the law to have sex with a minor. The age of consent varies in different states and ranges from 14 to 18. The penalties for statutory rape vary in each state, especially when it involves a teacher or a coach. The penalties are very harsh and it will follow the offender for the rest of his or her life.
Sexual Assault – Forced sexual assault is unwanted physical contact with a sexual organ. It can include sexually suggestive statements. This type of assault is non-gender specific and can occur between two people of the same gender. The conviction is determined by the amount of force used and any injuries sustained. Penalties include jail, fines, psychiatric counseling and restitution to the victim. The offender will also have to register as a sex offender for the rest of his or her life. The offender can be charged with first degree sexual assault or rape if he or she physically forced sexual intercourse on the other person.
Victimless Offense
A victimless crime or a consensual crime, involves two consenting adults. A victimless crime is also known as prostitution, solicitation, pimping, indecent exposure, and lewd acts.
Prostitution is a person who has sexual intercourse for money. Many times police officers will set up a sting operation, posing as prostitutes, to arrest a customer who has agreed to a certain price in exchange for a sexual act. Prostitution can be charged with a felony or misdemeanor crime.
A pimp is someone who solicits prostitution for another. It is against the law and is usually charged as a misdemeanor crime.
Crimes involving pornography, engaging in sexual acts in a public place and exposing your genitals in a public place are against the law. Indecent exposure is a felony crime, which can result in registration as a sex offender for a long time.
Penalties for solicitation of a minor or child pornography can be very severe. They include jail or prison, treatment programs and a lifetime of being registered as a sex offender. A penalty for an indecent exposure crime ranges from a fine to community service and if charged as a felony, prison time.
Sex Offender Registration/Notification
All states require sex offenders to register their names and addresses with law enforcement. They are required to update their file if they change address. Registration is for a certain period; however, more serious crimes (including repeat offenders and violet offenders), registration can be for life.
All 50 states have community notification laws. These laws are enacted in response to State and Federal acts, such as Megan’s Law (sex offenses against children) and the Jacob Wetterling Crimes against Children and Sexually Violet Offender Registration Act (gives the public, police officers and the FBI access to sex offender registries). Congress also enacted the Pam Lyncher Sexual Offender Tracking and Identification Act (created a Federal sex offender registration database).
When sex offenders register in their new neighborhood, the public has a right to know they are living there. The public has access to the registry. This registry is available to schools, principals and child- care facilities in the area. Some states automatically notify businesses and schools in the area.
False Allegations
Child sex-abuse situations often bring false allegations to law enforcement. Sometimes a child’s imagination influences their allegations; other times an adult can influence the child. Not all reports are true and need to be thoroughly investigated. A false allegation can be made to hurt an innocent person.
Sometimes false allegations are made against a parent in a custody dispute. Your children are not always responsible for false allegations so keep a positive attitude with them.
Child molestation crimes carry the greatest risk for a sentence in the state prison. This includes first-time offenders.
Conclusion
If you have been arrested or charged with a sex offense, before you do anything, call a criminal defense attorney to discuss your legal rights and options. Conviction can change your life forever. A criminal defense attorney can determine if the alleged victim has a motive to lie.
Links to more information
http://www.geocities.com/capitolhill/2269/USC.html
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