Any sexual abuse is as serious as it should be. Some sexual abuse cases, especially those that involve children, are handled as federal cases. It means that they attract even more severe consequences for those convicted. An allegation of sexual abuse against a minor is life-changing. Even sex abuse cases that do not result in a conviction can significantly alter your life. For example, an allegation can impact your relationships and job because of the stigma surrounding sex offenses. That is why you should hire a skilled sex crimes attorney immediately after your arrest for sexually abusing or attempting to abuse a minor or ward.

We could help you navigate the complex legal process at Sex Crimes Attorney. Through our skills and experience, we can employ the best defense strategies to obtain a favorable outcome in your case. Thus, you can count on our support, guidance, and defense if you face charges of sexual abuse of a minor anywhere in the country. Our team is always prepared to help people facing sex crime charges obtain the most favorable outcome in their cases.

Legal Definition of Sexual Abuse

Sexual abuse is any sexual act that a person (the victim) suffers, participates in, submits to, or performs due to violence, fear, threats, deception, or force. Sexual abuse against an adult occurs against their consent. Since minors (individuals below 18) cannot consent, any sexual act they are compelled to perform qualifies as sexual abuse. Sexual abuse does not comprise just a single act. It encompasses several acts that include fondling, touching, or sexual penetration of the victim’s body or intimate parts by the offender for sexual arousal and satisfaction or to degrade, humiliate, or punish the victim. The most common criminal acts that satisfy this definition include:

  • Molestation — This is a general term referring to all inappropriate sexual behavior like kissing, touching, and making lewd or sexual comments against another person’s will.
  • Sexual bullying — Harassing people due to their sexual orientation, body parts, gender, or physical appearance.
  • Sodomy — A sexual act or performance involving one person’s sex organs and another’s anus or mouth. You can face aggravated sodomy charges if you force another person to engage in sodomy or engage in acts of sodomy with a minor. Aggravated sodomy is more severely punished.
  • Rape or forcible sexual intercourse, or penetration of a person’s vagina, anus, or mouth by using a sex organ, any other body part, or a foreign object. The act occurs against the victim’s will.
  • Sexual violence — A broad term referring to actions whereby a person exerts control and power over another through harmful or unwanted sexual demands.
  • Sexual battery or sexual abuse involving non-consensual contact with another person’s intimate body parts. It includes using force, intimidation, or threats of violence against the victim or anyone else.
  • Oral copulation — Forcible contact between one person’s mouth and the sexual organ or anus of another.
  • Child pornography, or the visual depiction of sexually explicit images or videos of an individual aged 16 or younger. Images of child pornographic materials are also called child sexual abuse images.

You will likely face charges for sexual abuse of a minor or ward if you perform or attempt to perform forcible sexual acts on a child or ward. Sexual acts include touching, fondling, or sexual intercourse (involving penetration). Victims of sexual abuse lack the desire or ability to perform sexual acts with their abuser. Here are some of the instances that could result in sexual abuse charges:

  • Forceful sexual acts involving a person who is incapable of judging or appraising the nature and consequences of the sexual act, like a child.
  • Forceful sexual acts involving an individual incapable of communicating their willingness to take part in the act, like an unconscious or highly intoxicated person.
  • Forceful sexual act with an individual incapable of declining participation in the act, like an individual with a mental illness.

Sexual abuse affects all people, young and old alike. It also affects men and women equally. It does not matter if the victim agrees to the sexual act in cases involving minors. It is because children cannot consent to sex. The offense becomes more serious if a minor is involved and can result in federal charges and more severe consequences under specific conditions. You should speak to a skilled sex crimes attorney to understand your charges' legal implications and options.

Federal Sexual Abuse Cases

Sexual abuse cases can be state or federal, depending on the case's specifics. Your case becomes a state or federal matter depending on several factors, including the people involved and where the offense was committed. Typically, a state sexual abuse charge would suffice if the victim and the offender live in the same state. The local police will handle the arrest and case investigation, and the matter will be heard and determined in a local court.

But in specific circumstances, the federal government could be involved. For example, if sexual abuse happens on tribal land or a military base. The offender will likely face state and federal charges in a case like that. The same can happen if the offender is a representative or employee of the United States government. The state or federal government will handle the case based on where the offender committed the offense.

A sexual abuse case could also become federal if the victim were assaulted while crossing state lines. For example, if the victim’s assault happened on an airplane while traveling across states. That case automatically becomes a federal matter, where the federal police oversee the investigation and arrest.

Your attorney will first consider the details of your case to help you understand why it is a federal case. They will also help you navigate the complex legal process of federal cases and prepare for defense.

Federal Laws Against Sexual Abuse of Minors and Wards

Sexual abuse charges occur when you subject another person to sexual touching or unwanted and offensive contact. Sexual abuse involves many offenses, including touching, groping, assault, and battery. Some crimes under this general umbrella, like rape, result in stiffer penalties than others. State and federal governments criminalize sexual abuse, though the legal definition of sexual abuse could vary from one state to another. All sexual abuse cases carry severe penalties at the federal and state levels.

The federal law has various laws that criminalize sexual abuse in varying capacities. For example, 18 U.S. Code § 2243 addresses sexual abuse against a minor, a ward, or a person under Federal custody. The law has several sections, which include the following:

Sexual Abuse of a Minor

The first part of this law prohibits the sexual abuse of a minor. Federal law considers a minor an individual that meets the following criteria:

  • A child aged between 12 and 16 years, or
  • A child that is at least four years younger than their sexual abuser.

Sexual Abuse of a Ward

Federal law distinguishes minors from wards. A ward is legally defined as a person that meets the following criteria:

  • A person who is officially in detention, or
  • A person under the custody, disciplinary authority, or supervision of their sexual abuser.

Consequences for a Conviction for the Sexual Abuse of a Minor or Ward

Remember that sexual crimes are the most severely punished offenses under state and federal laws. Thus, you will likely receive a severe penalty, including time in prison and payment of a hefty fine, if you are guilty under this statute. The consequences are life-altering since the conviction record will remain in your criminal history for years after you serve your time. You will also face life-altering consequences, like the mandatory registration requirement in the sex offender registry. That will inform everyone of your criminal past since the registry is usually publicly available. But you can fight that with the help of an aggressive sex crimes attorney.

Most federal sex abuse crimes result in lengthy prison time and a fine. For example, you can receive a prison sentence of up to fifteen years for sexually abusing or attempting to abuse a minor or a ward sexually. The judge could elevate your sentence if you have prior convictions for a similar or severe sex offense or if your actions were seriously aggravated. For example, if your actions resulted in physical injuries, the judge will consider them aggravating. In that case, you could receive additional years in jail, which you must serve consecutively with the underlying sentence.

Note that committing and attempting to commit the offense are all treated the same under this federal law. Thus, you will likely face the same severe penalties for attempting to abuse a minor or ward sexually, even if you did not accomplish the offense.

Several years in prison will remove you from the life you are used to, including your job, friends, and family. Your relationships will become strained, and you could lose your family and friends after a sex-related conviction. Your employer will likely look for a replacement immediately after your arrest. Thus, even after serving time behind bars, the consequences of your conviction will continue to impact your life in different ways. That is why building a solid defense against your charges is an excellent idea to avoid a conviction.

Sex Offender Registration Requirement

This is another severe consequence of a sex-related conviction you must be aware of. The sex offender registry contains all convicted sex offenders from different states. The registry has all the names, physical descriptions, addresses, and other identifying information of registered sex offenders. It is publicly available, making it accessible to anyone who could perform a background check on you. States and the federal government manage the sex offenders registry to make it easy for law enforcement to track and locate registered sex offenders whenever needed.

The public can use the registry to gauge how to treat you. For example, a potential employer can decide to hire based on the information they find in the registry. Your neighbors can make you feel unwelcome if they discover you are on the registry. It is tough to live an everyday life after a conviction for sexually abusing a minor or a ward.

The judge could order you to register on the sex offender registry after a sex-related conviction. It is a requirement under the Sex Offender Registration & Notification Act. The law compiles sex offender registries from all states into one national database. The goal is to ease the police’s work when tracking the activities and locations of registered sex offenders. While the registry serves a crucial purpose for law enforcement, it could infringe on your rights and freedoms as a convicted sex offender. For example, it could make it hard to find a suitable job or a good neighborhood to rent in.

Some residencies completely forbid registered sex offenders to live in their neighborhoods. Registered sex offenders are also prohibited from working, living, or even passing close to a school or any other public place frequented by children.

For federal sex-related charges, your registration requirement could fall under the first, second, or third tier. These tiers determine when to register your details in the sex offender registry. These tiers carry the following mandatory requirements:

  • Tier one, for the least severe sex crimes, has a fifteen-year registration requirement. Sex crimes involving minors do not usually fall under this category since they are regarded as more severe sex crimes. But if the judge orders you to register for fifteen years, you must visit your local police station and update your details every year (five days before or after your birthday). You must also visit the station and update your information if you change your address or any other information required by the registry.
  • Tier two provides the registration requirements for mid-level sex offenses. Under this level, your details must remain in the registry for twenty-five years. Most first-time offenders facing severe sex crimes could be ordered to register under this tier.
  • Tier three is for the most severe sex offenses, including sexual abuse against a minor or ward. You must maintain your registration status in the database for life if the judge orders you to register under this tier. The judge could make that order if you are a repeat sex offender or a first-time offender whose case has severe aggravating factors, like a serious bodily injury.

Defending Yourself Against Charges Under This Statute

Remember that federal sexual abuse charges are serious and could have severe consequences. But you can defend yourself against your charges to avoid a conviction. You can do that with the help of a competent sex crimes attorney. Your attorney can use some legal defense strategies to compel the court to dismiss or reduce your charges. If they are successful, you will not face some of the severe penalties and could avoid a conviction altogether. Here are examples of these strategies and how they can help your situation:

The Victim Was Not A Minor

Your attorney can demonstrate that the victim was not a minor during the offense. Remember that federal law considers a minor as an individual aged 16 or younger or is at least four years younger than the offender. If you have a reason to believe the victim was sixteen or older at the time and your attorney can provide proof, you can compel the court to dismiss your charges. In this case, evidence would be the victim’s proof of age, like their birth certificate or driver’s license.

If the victim were not a minor when you committed the offense, the court would dismiss your charges under this offense. But if the prosecutor has evidence that you committed sexual abuse against another person, they could file charges under another law. Remember that sexual abuse is an offense, even when committed against an adult. But the penalties could be a little lenient if the victim is an adult.

An experienced sex crimes attorney will know best how to present a defense against your charges to obtain the most favorable outcome for your case.

You Were Married to the Victim At The Time

Charges under this statute will not suffice if you were married to the alleged victim at the time of the offense. The law does not prohibit sexual acts against individuals who are legally married. It also allows minors to enter marriage as long as they consent and have their parent’s permission. If you were legally married to the alleged victim (whether a minor or ward), your attorney would prove it in court by providing the marriage certificate as evidence. If the judge accepts the evidence, they will dismiss your charges.

But note that the prosecutor can bring charges against you if the circumstances of your case show that you committed marital sexual abuse against your marriage partner. You need the assistance of a skilled sex crimes attorney to fight your charges and any possibility of facing other charges.

You Are Falsely Accused

False accusations are not uncommon in federal sex-related cases. Someone can accuse another of a serious sex offense to seek revenge against them, out of jealousy, or to gain an advantage over them. If you believe someone falsely accused you of sexually abusing a minor or ward, a skilled sex crimes attorney can fight your charges in court. Your attorney will provide evidence in court detailing the intentions of your accuser and how you could not have committed the crime. Sometimes a sworn confession by the alleged victim could help compel the judge to dismiss your charges.

You Are Mistakenly Accused

Cases of mistaken identity are also not uncommon regarding serious federal sex crimes. Victims of sexual abuse endure torture, which subsequently results in trauma. A traumatized person can make mistakes when recounting the events surrounding the abuse and their abuser. Sometimes they accuse the first person that comes to mind or the person they see immediately after the ordeal. Other times, they visualize a different person from the actual perpetrator.

Discuss your case in detail if you believe you have been mistakenly identified as a sexual abuser of a child or ward. A skilled sex crimes attorney will seek to find out why you were identified as the perpetrator in the first place. They will then find evidence that you did not commit the offense. If your defense is successful, the judge will dismiss your charges.

You Are Not Guilty By Reason of Mental Disorder

Your attorney can use this defense (also called the legal insanity defense) if you are guilty but committed the crime without knowing the nature of your actions or the difference between right and wrong. If the judge accepts your defense, they could sentence you to a mental institution instead of prison. Through that, you can receive treatment for your mental disorder.

Proof of State of mind Is Not Required

Note that when prosecutors file sexual abuse cases involving minors or wards, federal courts do not require them to prove that the defendants know or should have reasonably known the following:

  • The age of the victim of sexual abuse, or
  • The age difference of four years between the perpetrator and the offender.

Thus, you cannot cite your lack of knowledge of the above issues as a defense to your charges during the trial.

Find a Skilled Sex Crimes Attorney Near Me

An arrest for a sex-related crime will likely come with confusion, regret, and fear of what is to come. The feelings are more overwhelming once you realize you face charges for a federal sex offense for sexually abusing a minor or ward. But you can face the complex legal journey with the help of a skilled sex crimes attorney. Your attorney will also ensure you understand what to expect, your options, and your rights.

We all handle tough sex-related crimes at the state and federal levels at Sex Crimes Attorney. We could help you understand your charges and even plan a solid defense to ensure a favorable outcome for your situation. Thus, you can call us at 888-666-8480 immediately after your arrest from anywhere in the country. We work hard to ensure you are satisfied with your case’s results.