Sexual abuse is not only a concern for California law enforcers and legislators. Federal sexual abuse carries severe penalties, like serving time in federal prison and compulsory sex offender registration. One mistake you can make is waiting until you are formally charged to seek legal representation. Hiring the legal team at Sex Crime Attorney immediately after learning that you are under investigation can increase your chances of obtaining a favorable case outcome. Using our relevant experience and knowledge of federal law, we can collect and analyze evidence to identify gaps in the prosecutor’s case, develop defense strategies, and protect your freedom, rights, life, and future.

Federal Sexual Abuse

Title 18, United States Code, Chapter 109A, is dedicated to sexual abuse. The chapter has numerous sections that address aspects of sexual abuse crimes at the federal level. These sections include the following:

Aggravated Sexual Abuse

Section 2241 defines aggravated sexual abuse. It contains the following elements:

  1. Using Threat or Force

Any person in the special maritime and U.S. territorial jurisdictions or in a prison, facility, or institution in which individuals are in custody by order of or under an agreement or contract with the head of a federal agency or department will be found guilty under this statute if they knowingly cause somebody else to participate in a sexual act:

  1. By using force against that person, or
  2. By threatening or making the person fear that any individual will face serious bodily injury, kidnapping, or death or attempts to act so.

If convicted, you will face the following penalties:

  1. Fines.
  2. Sentenced for years or face life imprisonment.

  1. Using Other Means

Any person in the special maritime and U.S. territorial jurisdiction or in a prison, facility, or institution in which individuals are in custody by order of or under an agreement or contract with the head of a federal agency or department will be found guilty under this statute if they knowingly cause somebody else to engage in a sexual act by:

  1. Rendering a person unconscious and then engaging in sexual acts with the victim, or
  2. Administering an intoxicant or drug to another person using threats of force, applying force, or without the victim’s consent to impair the other person’s ability to control or appraise the behavior before engaging in sexual acts with the victim.

Please note that you can be convicted of this crime even if you attempted to act so.

A conviction carries fines and any term of years of incarceration or life imprisonment.

  1. With Children

You violate this subsection if you:

  1. Cross a state line intending to engage in a sexual act with a minor below 12.
  2. Are in the special maritime and U.S. territorial jurisdictions or in a prison, facility, or institution in which individuals are in custody by command of or under an agreement or contract with the head of a federal agency or department and knowingly engage in a sexual act with a child below 12, and
  3. Knowingly engage in a sexual act under the circumstances discussed in subsections (a) and (b) with a 12-year-old juvenile but not older than 16 (and you are at least four years older).

The crime carries fines and a thirty-year minimum sentence or life imprisonment.

You will serve life imprisonment if you have one of the following:

  1. A previous conviction per this subsection, or
  2. A state offense that would have similar provisions had you committed the crime in federal prison unless the judge imposed death as a penalty.

When prosecuting this subsection, the prosecutor does not have to establish that you knew the victim was a minor under the age of 12.

Sexual Abuse (2242)

You violate Section 2242 if you are in the special maritime and U.S. territorial jurisdiction or in a prison, facility, or institution in which individuals are in custody by order of or under an agreement or contract with the head of a federal agency or department and knowingly:

  1. Cause somebody else to engage in sexual acts by threatening or causing them to fear, or
  2. Engage in a sexual act with somebody who does not understand the nature of the behavior or is physically unable to decline their participation or communicate their unwillingness to participate.

Sexual abuse under Section 2242 is punishable by fines and incarceration.

Sexual Abuse of a Ward or Minor (18 U.S. Code § 2243)

This section entails the following subsections:

  1. Of a Minor

You are guilty of this subsection if you are in the special maritime and U.S. territorial jurisdictions or in a prison, facility, or institution in which individuals are in custody by order of or under an agreement or contract with the head of a federal agency or department and knowingly engage in a sexual act with:

  1. A minor that is between 12 and 16, and
  2. You are more than four years older than the victim.

The crime is punishable by a fine and a fifteen-year minimum sentence.

  1. Of a Ward

If you are in the special maritime and U.S. territorial jurisdictions or in a prison, facility, or institution in which individuals are in custody by command of or under an agreement or contract with the head of a federal agency or department and knowingly participate in a sexual act with an individual who is:

  1. Officially detained, and
  2. Under your supervisory, disciplinary, or custodial authority,

You will pay fines and serve at least fifteen years in federal prison.

Some of the legal defenses to this crime include:

  1. You reasonably thought the victim was older than 16.
  2. You were married to the victim at the time of the alleged crime commission.

Abusive Sexual Contact (18 U.S.C. § 2244)

  1. Sexual Conduct in Situations Where This Chapter Punishes Sexual Acts

If you are in the maritime and U.S. territorial jurisdictions or in any institution, prison, or facility in which individuals are detained by order of or under an agreement or contract with the head of a federal agency or department and knowingly participate in or cause sexual contact with somebody else, you break:

  1. Subsections 2241(a) or (b) —  If your sexual contact was a sexual act, you will pay fines and serve a ten-year sentence.
  2. Code 2242 — If your sexual contact was a sexual act, you will pay fines and serve a three-year minimum sentence.
  3. Section 2243 (a) — If your sexual contact was a sexual act, you will pay fines and serve a two-year minimum sentence.
  4. Section 2243 (b) — If your sexual contact was a sexual act, you will pay fines and serve a two-year minimum sentence.
  5. Section 2241(c) — If your sexual contact was a sexual act, you will be subjected to incarceration and fines.
  6. Section 2243(c) — If your sexual contact was a sexual act, you will serve two years in prison.

  1. In Other Situations

Suppose you are in maritime and U.S. territorial jurisdiction or a federal or state prison, facility, or institution that detains individuals by command of or under an agreement or contract with the head of a federal agency or department and knowingly participates in sexual contact without the victim’s consent. In that case, you will spend at least two years in prison.

  1. Crimes Involving Children

If your sexual contact violating this section apart from subsection (a)(5) involves a child under 12, your imprisonment will be twice the term in the code section.

Offenses Resulting in Death (18 U.S. Code § 2245)

If you murder a person while violating 1591, 2260, 2251, 2251A, 2422, 2421, 2225, or 2423, you will face either:

  • Life imprisonment, or
  • Death penalty.

Definition of Key Terms

To gain a better understanding of this chapter, here are definitions of legal terms and phrases:

A prison

A prison is a detention, penal, or correctional facility.

Sexual Act

A sexual act can be any of the following:

  • Penetration between a penis and the vulva or anus, regardless of how slight.
  • Contact between the mouth and the vulva, anus, or vulva.
  • Penetrating a person's genital or anal opening with a finger, hand, or any other substance intending to arouse or gratify any person’s sexual desire, humiliate, degrade, harass, or abuse, regardless of how slight.
  • Deliberate touching, not via clothing, of the genitalia of a person below 16 intending to degrade, humiliate, harass, or arouse.

Sexual Contact

Sexual contact means intentional touching of any:

  • genitals,
  • inner thigh,
  • buttocks,
  • anus, or
  • groin.

of somebody else intending to abuse, harass, arouse, or degrade them.

Serious bodily injury

It is a bodily injury that involves a significant risk of demise, severe physical pain, disfigurement, impairment, or loss of function of a body organ, mental faculty, or unconsciousness.

Alleged Victim

A victim is an individual harmed due to the sexual abuse commission.

Compulsory Restitution

On top of criminal or civil penalties, the court will order restitution for every crime under this chapter.

The court will order you to pay the alleged victim the full amount of their losses, as the court determines. The full amount of the victim’s losses includes costs the victim incurs for:

  • Medical bills.
  • Occupational and physical rehabilitation.
  • Essential child care, temporary housing, and transportation bills.
  • Lost wages.
  • Attorneys’ fees.

The Sex Offender Registration and Notification Act

The Sex Offender Registration and Notification Act (SORNA) is a federal law that requires all states to maintain a system that tracks sex offenders after their release into society. The act is categorized into three tiers depending on the term of prison needed, the victim’s age, and aggravating circumstances.

Tier III Crimes

Tier III crimes are punishable by a year in prison and entail abusive sexual contact or aggravated sexual abuse when committed against a child under thirteen.

As an offender convicted of Tier III, you should register with law enforcement whenever you relocate. It is a lifetime registration obligation.

Tier II Crimes

An offense is considered a Tier II crime if it imprisons a person for over a year. It also involves enticement, coercion, or transporting a person intending to engage in sexual activity.

A conviction requires 25 years of mandatory reporting.

Tier 1 Crimes

A tier crime is a crime not in either of the two tiers. The offender should register for ten years if they have not been convicted of a subsequent crime punishable by a year in prison and have completed a sexual offender treatment program or parole.

Otherwise, the defendant should register for fifteen years following their release from detention.

Failing to register as a sex offender carries fines and a ten-year prison sentence. You will spend thirty years in prison if you fail to register and subsequently commit a violent federal offense.

Federal Criminal Process Overview

In this section, you will learn about the steps involved in the federal judicial process:

  1. Conducting Investigations

Once a witness or an alleged sexual abuse victim brings the crime to the attention of federal authorities, federal law enforcers will conduct investigations to determine whether the crime was committed and the perpetrator.

The investigation aims to obtain proof and help the prosecutor understand the facts of the criminal case. The prosecution can work with one authority but often involves many agencies.

The investigation involves using a judge-issued search warrant. The 4th Amendment to the U.S. Constitution requires police to have probable cause before searching the suspect’s person, clothing, home, and vehicle.

Depending on the circumstances surrounding the case, the police can arrest you, particularly if they have probable cause to make an arrest.

Direct evidence is proof supporting a case fact without an inference. Witness testimonies are direct evidence because the eyewitnesses saw you violate the law. On the other hand, circumstantial evidence is information or statements acquired indirectly. It can be a person’s impression of an occurrence they did not witness.

  1. Charging Stage

After the investigation, the prosecution will decide whether to present your case to the grand jury. If indicted, you will be given a notice that informs you of the charges against you.

The grand jury consists of sixteen to twenty-three impartial citizens. The jury listens to the witnesses and prosecution before secretly voting on whether they think there is adequate evidence to charge you. If the grand jury decides not to charge you based on your proof, it will not indict you. All statements and proceedings before the jury are sealed, and only individuals in the room know what transpired.

The trial’s location is the venue, and federal cases are tried in a U.S. District Court. There are ninety-four district courts throughout the country. Most states have at least one district court, and your venue will depend on your residence.

  1. Arraignment (Initial Court Hearing)

The prosecution team will bring you before a magistrate judge for your arraignment either the day of your arrest or the following day. During this court hearing, you will be advised of:

  • The sexual abuse charges against you.
  • Your rights.
  • Whether the judge has decided to detain you or release you until your trial.
  • The arrangements to have legal representation.

You can also ask to plead not guilty or guilty to your criminal charges.

Federal law allows you to be released from detention while you await your trial, provided you can meet bail requirements. Before granting bail, the judge will schedule a court hearing to determine the following:

  • Your community ties (How long you have resided in your community, your employment status, and whether you have relatives nearby).
  • Your previous criminal record.
  • Whether you pose a threat to the community.
  • Whether you are a flight risk.

If you cannot afford your bail amount, the judge can order you to be remanded into the custody of the United States Marshals.

  1. Discovery Stage

Before the prosecution initiates trial, they should be acquainted with the case facts, speak with witnesses, and study the proof to build their case and identify issues that could arise during trial.

Meanwhile, the defense lawyer is preparing in the same manner.

  1. Plea Bargain

When the prosecution has a robust case, the team can offer you a plea offer to avoid trial and reduce your risk of a lengthy sentence.

It is wise to plead guilty if you committed the crime. Admitting to the crime means you agree you are guilty, and the judge can sentence you.

If you plead guilty, the following step will involve preparing for your sentencing (you will not face trial).

  1. Preliminary Hearing

After you enter a plea of not guilty, the court will hold a preliminary hearing where the prosecutor shows that they have adequate evidence to charge you. You can choose to waive it.

If you are in jail, the hearing should be scheduled within fourteen days of your initial appearance. If you were released on bail, the proceeding should be held within twenty-one days of your initial appearance.

During the hearing, the prosecutor will call witnesses and present proof while your defense lawyer cross-examines witnesses.

If the judge determines there is probable cause to believe you violated the law, they will schedule a trial. Nevertheless, if they think you did not commit the sexual abuse, they will dismiss your charges.

  1. Filing Pre-Trial Motions

A motion is an application your defense attorney or the prosecutor makes to the court requesting the court to determine a specific matter before the trial starts. It can impact evidence, testimony, the courtroom, or a trial.

Examples of pre-trial motions include the following:

  • Motion for change of venue.
  • Motion to dismiss.
  • Motion to suppress.

  1. Trial Stage

A trial is a structured process where the circumstances of the case are presented to the jury, which decides whether you are guilty of the alleged sexual abuse. This stage involves:

  • Opening statements — After jury selection, every side should present opening statements briefly explaining their presentation.
  • Prosecutor’s proof and witnesses — The prosecutor presents their case first. They have a burden to prove your guilt, including the facts of the sexual abuse, beyond any reasonable doubt. They can call witnesses to testify and use other evidence to meet the burden of proof. Before trial, the judge could have suppressed illegally obtained evidence.
  • Motion for a directed verdict — After the prosecutor presents their case, you can request a judgment of acquittal or directed verdict and ask the judge to rule that the state’s proof against you is inadequate to sustain a conviction.
  • Your defense lawyer cross-examines witnesses and presents evidence — After the prosecution examines a witness, your defense lawyer should cross-examine the witness. Cross-examination aims to create doubt and question the witnesses’ credibility. It is illegal for you, the defendant, to testify or for the state to call you as a witness. The move violates the 5th Amendment to the Constitution against self-incrimination. While you do not have a burden to prove guilt, you have a burden of proof for specific affirmative legal defenses.
  • Closing arguments — All sides make closing arguments after presenting proof. These arguments review the cases and identify gaps in the other party’s evidence or arguments.
  • Jury charge — The judge will issue guidelines to the jury, including questions linked to the facts of the charges. Both your attorney and the state can submit their recommended jury charges.
  • Jury deliberation and verdict — The jury determines whether you are guilty. At this stage, nobody related to the trial can contact the jury without attorneys and a judge. If the jury has a legal question, they should write to the judge, who will read it in court. In federal cases, the jury must agree unanimously on whether to convict the accused. After deciding on your verdict, they should notify you, the judge, and the lawyers in open court.

  1. Filing Post-Trial Motions

After the jury enters a guilty verdict, you can file a post-trial motion like:

  • Motion for a new trial.
  • Motion for judgment of acquittal.

  1. Sentencing Stage

Months after being found guilty, you will return to court for your sentencing.

The judge will follow guidelines on how to sentence you. The U.S. Sentencing Commission has sentencing guidelines recommending specific penalties for offenses while considering numerous factors.

The judge will consider statements from victims, lawyers, and the defendant and review the presentence report.

Moreover, the judge will consider mitigating and aggravating factors, like:

  • Whether you expressed regret for the sexual abuse.
  • The nature of the alleged offense.
  • Whether you have previously violated sexual abuse laws.

  1. Appeal Stage

After your sentencing, you can appeal your sentence or conviction, hoping the Circuit Court will set any of them aside. An appeal is your opportunity to raise errors that occurred at your trial.

If the Supreme Court fails to review your case, your judgment is final.

Find a Skilled Federal Sex Crime Attorney Near Me

Being charged with federal sexual abuse in California can disrupt all aspects of your life. Given the public’s pressure and the stigma associated with sex crimes, the judge and prosecution team will charge you aggressively. Therefore, you cannot overlook the importance of seeking legal representation. The knowledgeable California legal team at Sex Crime Attorney can listen to your side of the story, collect and analyze evidence, and develop an aggressive and effective legal defense to protect your rights and freedom. Please contact us at 888-666-8480 to schedule your free case review.