Any arrest can be unsettling and frustrating, but sex crime charges are especially difficult for the accused and their loved ones because of the stigma attached to them. A sex offense conviction may have an impact on practically every part of your life, including your legal, professional, and personal standing.

If have been arrested for federal sexual assault and rape charges in California, whether as a result of nationwide sweeps or a personal investigation, you should immediately seek the counsel of an experienced federal sex crimes defense attorney who can fight for your rights and ensure the most favorable outcome possible.

 

Our team at the Sex Crimes Attorney can help you. We have the necessary expertise to defend our clients against federal sex offenses and are knowledgeable about the various issues that could arise in these sorts of cases. Contact our law firm today for legal counsel.

Understanding Federal Sex Crimes

Sexual crimes are often tried in municipal or county courts at the state level. However, if a sexual offense took place on federally owned property, involves interstate actions, or is exacerbated (or exceptionally severe), it'll be classified as a federal sex crime and fall under the jurisdiction of federal law.

Circumstances Under Which Sexual Assault and Rape can be Classified as Federal Crimes

Anything that contravenes federal law in the United States is referred to as a federal crime. The federal government oversees investigations and prosecutions of federal crimes. However, state-level courts handle the majority of prosecutions. But the following circumstances result in the federal government exercising  its authority over criminal charges:

  • When the state has no jurisdiction.
  • The crime took place on property owned by the federal government.
  • The offense included other offenses including gang involvement.
  • The nature of the offense calls for a serious response from the court.

The Offense Involved the Crossing of State Lines

In such cases, the state and federal prosecutors could bring separate charges or seek different legal remedies against the accused individual. But the 5th Amendment, also known as the "double jeopardy" provision prevents an accused person from being tried twice for a single crime.

Subject Matter Jurisdiction

The jurisdiction over subject matter grants the federal authorities exclusive control over matters including sexual assault and rape cases. Therefore, the federal authorities could bring criminal charges concerning these issues.

The Offenses Were Perpetrated Across State Lines

Additionally, the federal government may take legal action against offenders who committed crimes that went across state boundaries. The United States Federal Government has authority over these types of issues because:

  • The Constitution gives the federal authorities the power to control trade between states.
  • State borders were crossed during the commissioning of the crime.

Crimes Committed on Federal Property

There nevertheless exist federal laws that deal with crimes committed on federally owned or managed property. These areas consist of:

  • United States National Parks.
  • Indian reservations.
  • The District of Columbia.
  • Federal prisons.
  • Federal courthouses.
  • Aircraft in flight.
  • Maritime craft or vessels at sea.
  • Other federal structures.

A knowledgeable lawyer can explain to you which violations fall within the definition of federal offenses and help you decide how to properly defend yourself.

Federal Laws Against Rape and Sexual Assault

Generally, the term "sexual assault" refers to any offense in which the victim was subjected to any form of sexual touching or contact that they considered unwanted and offensive. The term "sexual assault" refers to a broad category of offenses that includes groping, unwanted contact, and the more severe offense of rape.

Although sexual assault is illegal in every state and under federal law, each state has its specific definition of the crime. As previously said, it is often deliberately touching someone inappropriately and without their permission.

It is a serious violation that could result in harsh federal and state penalties. Additionally, while most incidents of sexual assault are brought to trial in state court, certain cases are reported as federal sexual offenses.

Sexual assault also includes acts committed while the person being assaulted is incapable of giving consent and any other non-consensual sexual activity that is forbidden by federal or state law.

Rape and sexual assault accusations often involve unwelcome or forced sexual intercourse from one party continued against another, regardless of the alleged victim's incapacitation. According to the law, incapacity indicates that the alleged victim:

  • Is incapable of understanding the nature or implications of the sexual assault.
  • Is unable to consent to sexual activity due to physical limitations.

The last scenario typically includes accusations of date rape since substances such as alcohol or drugs might leave a victim unable to consent to sexual acts.

According to the U.S. Criminal Code, the majority of sexual assault and rape accusations are classified as federal sexual offenses. This defines a wide category of aggravated sex crimes that include:

Coercion or Threats

This includes anybody who intentionally coerces or threatens another person into engaging in sexual activity inside the federal property, as well as inside any jail, establishment, or facility where inmates are held.

Using Other Means

It applies to anyone who intentionally causes someone to become unconscious or gives them a drug by threats or deception to conduct a sexual activity without the other person's consent inside any US maritime or territorial jurisdiction, as well as in any jail, facility, or establishment where detainees are housed.

With Minors

It applies to anybody who has intercourse with a child under 12 in a jail, establishment, or institution that holds detainees within the territorial or marine authority of the federal government. Crossing state boundaries to have sexual acts with an underage person is also considered an offense under federal law. To the same extent, conducting such acts with a minor who is over 12 years but under the age of 16  is also prohibited.

Sexual abuse against a minor includes inappropriate acts with:

  • A child who is over 12 years but under 16.
  • And at least 4 years younger compared to the adult with whom the juvenile is involved (or is being attempted to be involved).

Internet sex offenses include solicitation, which entails meeting up with a juvenile to participate in sexual activity (irrespective of the outcome of the arrangement) or traveling to their location to do so. In addition to this, it could involve getting arrested during a sting operation in which law enforcement personnel pose as someone else to prevent sexual misconduct.

Depending on the seriousness of the offense and the jurisdiction where the case is being prosecuted, sentences for sexual assault and rape charges can span from one year to life in prison. Registration on both the state and federal sex offender registers, along with identifying information and a photograph, could be mandatory in some circumstances.

Once you register as a sex offender, your criminal history will be accessible online indefinitely, and:

  • You'll experience travel restrictions.
  • You'll have limited access to the internet.
  • You'll have a parole officer assigned to you indefinitely.

Elements of Federal Rape and Sexual Assault Charges

Federal "sexual abuse" laws are found under Title 10 of the United States Code 920, Article. 120, and they apply to rape and sexual assault offenses.

Federal sexual assault laws require the prosecution to demonstrate that the accused perpetrated the act within the United States territorial and maritime jurisdiction, within a prison operated by the federal government, or within any prison, establishment, or institution where people have been held in detention by federal authorities or agencies with knowledge of the act. Elements of these offenses include evidence that the defendant:

  • Participated in, or tried to take part in, a sexual encounter with an individual incapable of judging the circumstances of the activity or physically unable to give their response or indicating their refusal to take part in the sexual activity.
  • Threatening or instilling fear of either causing serious harm, death, or kidnapping to get the victim to submit to the sexual act.
  • Engaging in or trying to take part in sexual relations with an individual who is being held in your custody, or trying to do so.
  • Takes part in, or tries to get involved in a sexual relationship with an individual over 12 years, but below 16 years, who is at least 4 years younger than the offender.

Sexual assault is defined under the Federal provisions, 18 U.S.C. 2242, as carrying out sexual activity on another person while the perpetrator knows or should have known that the victim was unconscious or asleep. A sexual assault crime, under federal law, occurs when a person engages in a sexual act with someone unable to give consent owing to alcohol or drug impairment or a mental disorder or illness.

The question of consent is a key component in any sexual assault case. Sexual assault occurs when someone is not able to give consent to engage in sexual activity or isn't able to do so due to legal restrictions. Under federal law, consent is given at the age of 16, but state laws normally set the minimum age at 18 years.

Federal Rape and Sexual Assault Penalties

Having a rape or sexual assault charge brought against you can be stressful since there are many varied definitions and degrees of crime across different jurisdictions. The charges could be unclear, and depending on the jurisdiction in which you're found guilty, a conviction could result in devastating penalties, a lengthy incarceration sentence, or both.

If found guilty of a federal sex crime, you are likely to receive a mandatory minimum sentence, which means you have to spend at least a certain amount of time behind bars. The severity of the punishment depends on the nature of the crime. If you're found guilty of a federal sex crime, you'll be required to follow the terms of your probation when you're released from prison. These conditions can involve seeing a probation officer and enrolling in a sex offender education program.

Penalties for Sex Crimes Against Minors

Federal sex offenses involving children carry severe consequences. For example, those convicted of sexually exploiting children are subject to a mandatory prison term of 15 years under certain federal child sex offense statutes. The consequence for federal sex offenses involving minors becomes more severe if the crimes were committed after previous convictions or had an aggravating factor, as is the situation in most federal cases.

Registration of Sex Offenders

Federal courts require adherence to the National Sex Offender Registration once a person is found guilty of a federal sex offense. The offender could have been sentenced to federal prison, hefty penalties, and placed on demanding probation after their release. California law also has rules regarding Sex Offender Registration that should be adhered to. 

To register and track sex offenders across the country, including all states, the District of Columbia, and on tribal lands, Congress passed the Sex Offender Registration and Notification Act ("SONRA") in 2006.

Any sex offender who has been found guilty of a federal sex crime is obligated to sign up and have their address, their proximity to any schools, when they last worked, as well as other personal data, recorded. You can also be barred from visiting or residing near parks or schools.

Sex Offender Tiers

Sex crimes under Federal law are classified into three Tiers to distinguish between the severity of federal sex crimes and offenders. The sex offender tiers specify both the length of registration required and the specific kind of sex crime the federal sex perpetrator committed:

  • Sex offenders in Tier I are required to register for 15 years.
  • Sex offenders in Tier II have to register for 25 years.
  • Tier III sex offenders are required to register for a lifetime.

Defenses Against Federal Rape and Sexual Assault Charges

If you are facing charges for federal sex crimes, all hope isn't lost. You have alternatives, such as seeking legal counsel to protect your innocence or putting together a compelling argument to avoid being charged with a felony for federal sex crimes.

A professional federal defense attorney should have experience defending clients against federal charges of crimes, particularly sex offenses. The following are some potential defenses that your federal sex crimes attorney would want to take into account:

Actual Innocence

Although the legal system isn't perfect, actual innocence is a good defense. A competent federal defense lawyer can help you build a solid argument to show your innocence by using your testimony and circumstantial evidence.

Reasonable Doubt

Any federal offense, including sex crimes, needs to be proven to the jury that you are guilty beyond any reasonable doubt before you are found guilty. In criminal proceedings, the prosecutor is responsible for proving your guilt, not you. Your federal defense attorney could be able to challenge the prosecutor's evidence and raise questions, leaving the jury with questions about the prosecution's credibility.

Consent

You could be able to use consent as an argument in your case, again depending on the federal sex offense charges that are being filed against you. This legal argument does not apply to crimes against minors since they lack the legal capacity to make a decision when it comes to sexual actions.

Entrapment

This applies as a legal argument when another person—such as a law enforcement officer or a "victim"—tricks or coerces you into perpetrating a crime.  Entrapment, like the transmission of material involving minors, could make a viable argument in a federal sex crimes case. 

Mental Capacity

A federal defense lawyer can look into issues regarding your ability to think clearly when perpetrating the offense.  Any accusation of a sex offense is a serious matter. It becomes even more severe if the charges have resulted in or could result in a federal court conviction.

Why You Should Hire a Lawyer for Your Federal Sexual Assault and Rape Case

Being found guilty of a federal sex crime could have negative consequences on every aspect of your existence, regardless of whether you completed the length of your sentence. The federal authorities have taken seriously the investigation and punishment of sex crimes, particularly those where children were involved.

Avoiding legal counsel until after official charges have been filed is a common error by sexual assault and rape suspects. Numerous times, federal sex offense allegations are a consequence of an extensive investigation conducted by a federal agency, such as the Federal Bureau of Investigations. If that's the scenario, you could discover after being charged by a jury or arrested, that the prosecution has gathered a lot of evidence to present in court, which could render mounting an argument against the charges appear like an impossible task.

If you retain legal counsel as soon as possible after being detained or finding that you've become the subject of an investigation by the federal government, your lawyer will have more time to prepare a solid defense, which will ultimately help the outcome of the case. Federal charges can be brought for a variety of different sex offenses, and each one necessitates a different strategy for defending against them. If you are facing sex offense charges at the federal level, you should speak with a lawyer who specializes in this area to learn more about your options for defense.

Federal Sexual Assault and Rape FAQS

Below are some commonly asked questions on federal sex crimes, including rape and sexual assault:

What Distinguishes State and Federal Sexual Offenses?

Misdemeanor sex crimes are typically tried at the state level in California. Misdemeanor sex crime examples include inappropriate exposure (for example public nudity) and offering sexual services in return for cash. The most serious sex offenses, including those when the alleged victim is below 16, are often prosecuted in federal courts. Any sexual activity with a victim younger than 12 is considered a federal offense.

Furthermore, if the offender crosses state boundaries to conduct the sexual assault or rape, the matter is transferred to federal court; this provision can also be used in cases where an accused person had online communications with the alleged victim in a different state.

Who Has Access to the Sex Offender Registry Information?

Those found guilty of felony sex offenses are required to register themselves as sexual offenders, irrespective of whether a federal or state court rendered the penalty. If the judgment carries a sentence that includes time in prison, you have to register upon release from custody; for especially severe offenses, your identification must remain on the registry of sexual offenders indefinitely.

The database of sexual offenders is accessible to everyone. Certain police agencies publish online databases of sex offenders in that jurisdiction including names and pictures.

If I Never Had Any Kind of Physical Contact with the Alleged Victim, Can the Court Still Label Me as a Sex Offender?

Some sex crimes are felonies regardless of whether or not there was any physical contact between the offender and the victim. Below are a few instances:

  • Being a part of a human trafficking organization.
  • The solicitation of a child over the Internet.
  • Possession, creation, distribution, or selling of pictures or videos that show children being sexually abused.

Will a Sexual Assault and Rape Conviction Remain On My Criminal Record If I Am Found Not Guilty?

Sexual offenses are highly stigmatized in society, especially when they involve minors. The stigma could result in a long-lasting impact on people falsely charged with child rape or any sexual assault offense involving a minor.

If you were wrongfully accused of a sex crime but found not guilty, you should consult with an attorney who can help you expunge or seal the record. Your arrest history might be sealed off from the public or wiped entirely. The expunged charge won't show up on your background check if another individual runs one on you.

Find a Federal Sex Crimes Lawyer Near Me

If you're facing charges of federal rape or sexual assault, you need a seasoned criminal defense lawyer who understands how to present an argument in federal court. A professional legal defense team can present the facts to show that you were falsely accused of committing rape or other sexual assault that was perpetrated by another individual or that the person who accused you consented to consensual sex.

Don't allow your family to fall apart, your reputation to be ruined, or your professional life to be destroyed by the disgrace of false claims of rape or sexual assault. Our team at Sex Crimes Attorney can help defend you. Call us today at 888-666-8480.