Criminal sexual contact – what is it and what are the consequences?

Criminal sexual contact refers to any intentional touching of intimate body parts – either of the perpetrator or the victim – for purposes of sexual degradation, humiliation, arousal or gratification. This includes touching through clothing and does not require penetration like other more serious sex crimes.

I know this can be really confusing, especially with all the legal mumbo jumbo. Let’s break it down into simple terms. Basically, criminal sexual contact means touching someone’s private parts or touching your own private parts in view of someone else, when that touching is meant to be sexual in nature. It covers everything from inappropriate groping to exposing yourself to someone.

Now I know what you might be thinking – this sounds pretty minor compared to other sex crimes. But don’t be fooled – criminal sexual contact charges are taken very seriously and can totally turn your life upside down if convicted. Let’s get into the specifics:

There are two degrees of criminal sexual contact charges:

• Fourth degree is considered the baseline charge. This applies when there is physical force or coercion used but no severe injury to the victim. It also applies if the victim is on probation/parole, detained in an institution, etc. and the perpetrator has some position of power over them. Finally, it covers situations where the victim is 16-18 years old and the perpetrator is a relative, guardian, or in a position of authority.
• Third degree charges are considered aggravated criminal sexual contact. This is much more serious and applies when the victim is under age 13, as well as situations where the victim is 13-16 years old and the perpetrator is a relative, guardian, or supervisor. It also applies if the victim was physically helpless or mentally incapacitated.

The penalties for each degree are no joke:

• Fourth degree can result in fines up to $10,000 and up to 18 months in prison.
• Third degree can bring fines up to $15,000 and 3-5 years in prison.

I don’t know about you, but the thought of prison time and being labeled as a sex offender for life is pretty terrifying. Let’s talk about some of the other consequences:

• Sex offender registration: Yep, criminal sexual contact requires registering as a sex offender under Megan’s Law. This means your name and status will be publicly listed and you’ll have to disclose it when applying for jobs, housing, etc.
• Lifetime registry: To make matters worse, the sex offender registry lasts a lifetime. You’d have to be arrest-free for 15 years before even being able to apply for removal, and even then removal is not guaranteed.
• Domestic violence: Depending on the circumstances, criminal sexual contact can also be considered domestic violence. This can impact divorce and child custody cases.
• Civil lawsuits: Even after serving time, victims can pursue civil lawsuits against perpetrators of sexual contact crimes. These can seek monetary damages for psychological trauma.
• Lost relationships: Being convicted of a sex crime often leads to breakups, divorce, loss of child custody, being disowned by family members, you name it. The social stigma is huge.

As you can see, a criminal sexual contact conviction affects way more than just the perpetrator’s freedom. It can impact every area of life – finances, family, reputation, the ability to find work and housing. The consequences just pile up and up.

Now let’s talk about how these charges even come about…

Sex crimes like criminal sexual contact are usually investigated when someone reports suspicious activity or misconduct. For example, a mother might discover inappropriate texts or photos on her teen’s phone and contact authorities. Or a workplace might receive complaints of inappropriate touching and launch an internal investigation.

Law enforcement uses several techniques to build criminal sexual contact cases:

• Victim and witness interviews
• Collecting physical and forensic evidence
• Reviewing texts, photos, emails, social media, etc. for incriminating communications
• Pretext calls – where the victim calls the perpetrator under police guidance to try to get a confession or incriminating statements

False accusations and mistaken identity are real issues in sex crime cases. Also, well-meaning investigators can sometimes lead victims or mishandle evidence. A skilled criminal defense lawyer can review the handling of your case closely to ensure proper procedures were followed and your rights protected.

If you find yourself under investigation for criminal sexual contact, either from police inquiries or any other source, stay calm. Do not speak with investigators and be careful about communications with the alleged victim. Anything you say or write can come back to haunt you.

Instead, politely decline to answer questions and immediately reach out to a criminal defense attorney experienced in sex crime cases. They can advise you on the smartest next steps. An attorney can often intervene early in an investigation to convince authorities they do not have a strong enough case to justify charges.

If charges are ultimately filed, your attorney will thoroughly analyze the evidence and investigation tactics. They will look for any constitutional violations that could get evidence thrown out. Things like improper searches, failure to read Miranda rights, coerced confessions, and more.

Your defense lawyer may also hire investigators and experts to independently evaluate forensic evidence and interview witnesses. The goal is to find inconsistencies and credibility issues that undermine the prosecution’s case. This lays the groundwork for strong defense arguments.

Possible defense strategies in criminal sexual contact cases include:

• Challenging DNA or other forensic evidence as contaminated or inconclusive
• Introducing evidence the alleged victim has made prior false accusations
• Arguing misidentification of the perpetrator
• Claiming statements were taken out of context or misinterpreted
• Presenting alibi witnesses confirming you could not have committed the crime
• Seeking to exclude illegally obtained evidence that violates your rights

Your attorney will craft the best defense strategy for your unique case. If charges cannot be dismissed outright, taking your case to trial may be the most viable option. Experienced trial lawyers know how to advocate for your innocence before a judge and jury.

However, sometimes a plea bargain can be the right call if it helps you avoid the risk of harsh mandatory minimum sentences. Your lawyer will discuss all options thoroughly so you can make fully informed decisions.

Dealing with a criminal sexual contact investigation or charge is scary. But you don’t have to go through it alone. Lean on your defense attorney for guidance during this difficult time. With an aggressive legal defense, many people accused of sex crimes walk away with charges dropped or dismissed.

Don’t wait to seek help from a lawyer you trust. The earlier you engage knowledgeable legal counsel, the better positioned you will be. This is your life and future at stake – you deserve the strongest defense possible.