Criminal Defense Lawyers

Is Sexual Assault A Felony

Is Sexual Assault a Felony Crime?

Sexual assault refers to nonconsensual sexual contact or behavior that occurs without the explicit consent of the victim. It encompasses a wide range of actions, from groping and fondling to rape. Given the serious and traumatic nature of these crimes, sexual assault is often classified as a felony offense.

What Constitutes Sexual Assault?

Legally, sexual assault occurs when there is intentional sexual touching without consent. This includes:

• Rape or attempted rape
• Forcible sodomy
• Forcible oral copulation
• Sexual penetration with a foreign object
• Forcible fondling or groping

The definition of sexual assault varies slightly by state, but these acts generally fall under legal statutes prohibiting sex offenses. The unifying factor is that they involve nonconsensual sexual contact obtained through physical force, intimidation, or coercion.

Why Sexual Assault is Considered a Felony

In the United States legal system, offenses are classified as felonies or misdemeanors based on their severity. Felonies are the most serious criminal offenses, punishable by over a year in prison. Misdemeanors are less severe, with shorter jail sentences.

Given the traumatic and egregious nature of sex crimes like rape and molestation, most states categorize them as felonies. Those convicted serve at least a year and often decades in prison as punishment. Some states even have special designations like “aggravated sexual assault” that carry longer sentences.

Common Felony Sex Crimes

Though definitions vary amongst states, the most common felony sex offenses are:

Rape

Rape involves forced or nonconsensual sexual intercourse achieved through physical force, threats, or incapacitation of the victim. All types of rape, including date rape and spousal rape, are considered felonies in the United States. Penalties vary but commonly include decades in prison.

Statutory Rape

Statutory rape occurs when there is sexual contact with a minor below the legal age of consent. Even if deemed “consensual,” all statutory rape between an adult and a person under 18 is legally considered assault. It is classified as a felony with penalties depending on the ages of the perpetrator and victim.

Sexual Assault of a Child / Child Molestation

When an adult engages in sexual contact with a child under the legal age, it is considered felony child molestation, even if deemed “consensual.” This includes fondling, penetration, indecent exposure, and child pornography. Most child sex crimes carry lengthy prison sentences along with sex offender registration.

Sexual Battery / Groping

Forcibly touching or groping someone’s intimate parts without their consent is considered felony sexual battery in most states. If the victim is a child, penalties are even more severe.

Factors That Determine Felony Status

While the acts above are inherently felonies, several factors determine the precise charges and sentencing:

• Use of force or violence – Sex crimes involving weapons, brutality, or injury almost always lead to first-degree felony charges.
• Victim’s age – Sexual contact with younger children often incurs more severe charges.
• Position of authority – Teachers, clergy, police committing sex assault face harsher sentences.
• Prior criminal history – Repeat sex offenders face elevated felony charges, sometimes called “super felonies.”

In short, the more violent, threatening, traumatic or reprehensible the nonconsensual sexual behavior, the more likely it becomes a first-degree felony with longer prison sentences attached.

Common Legal Defenses Against Sexual Assault Charges

Those accused of sexual assault have several common legal defenses, including:

• Consent – Defendants may claim the sexual contact was consensual, not forced.
• False accusations – The defense presents evidence the accuser is lying or fabricated allegations.
• Mistaken identity – Defendants claim they are not the perpetrator who committed the assault.
• Intoxication – Defendants argue they were too intoxicated to knowingly commit the assault.

However, these defenses often fail. In many states, intoxication is not grounds for diminished sexual assault charges. And juries rarely believe claims of false allegations without substantial proof.

Proving innocence requires strong legal representation and meticulous investigation by defense lawyers. This is why securing an experienced sex crimes attorney immediately after arrest is so crucial.

What Happens If You Are Convicted?

The penalties for sexually-based felony offenses are quite severe:

• At least 1-3 years in prison – Even “minor” sex felonies incur a mandatory minimum 1-3 year prison sentence.
• Decades behind bars – Most convicted felons serve decades in prison, sometimes lifetimes.
• Sex offender registration – Anyone convicted of a sex crime must register publicly as a sex offender. This brings occupational restrictions, residency rules, and social stigma.
• Probation & fines – Courts impose strict probationary rules which, if violated, result in reimprisonment. Fines up to $150,000 are common.
• Civil lawsuits – Victims often pursue separate civil lawsuits against perpetrators, seeking monetary damages for psychological trauma.

Conclusion

Due to their egregious and traumatic nature, essentially all forms of nonconsensual sexual contact are deemed felony sex crimes in the United States legal system. Even perceived “minor” acts like groping may incur felony charges depending on the circumstances. The most severe felonies with the harshest prison sentences are those involving violence, threats, weapons, or very young victims.

Those accused of sexual assault face terrifying consequences, including decades behind bars and sex offender registration. Securing an experienced criminal defense attorney immediately is crucial. False allegations, while rare, do happen – skilled lawyers can investigate the claims and fight for acquittal or diminished charges if untrue. In cases of mistaken identity or misunderstandings, attorneys may negotiate dropped or reduced charges as well.

The stigma around sex offender status makes securing the best legal defense team paramount if facing sexual assault charges. Every state has different sex crime statutes, so consulting localized lawyers familiar with prosecutors and courts is key. With sound legal advice and advocacy, some accused of sex felonies do manage to avoid harsh penalties in favor of rehabilitation.

Resources

Sexual Assault Laws by State – RAINN guide to statutes of limitations for sex crimes per state

What is Sexual Assault? – YouTube video further explaining sexual assault

Hiring a Sex Crimes Lawyer – Tilero Law article on finding defense attorneys for sex assault cases