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In everyday use, the phrase sexual assault means an attack (sexual) on a person. However, the legal meaning of this phrase varies from one state to another. In certain areas, sexual assault is identical to rape, which is defined as a forced sexual act or unconsented sexual contact.
If you or anyone you know was a victim, it’s best to consult a sexual assault lawyer to bring on the appropriate punishment. Other states classify sexual behavior without permission as rape, criminal sexual contact, criminal sexual penetration, or sexual battery rather than sexual assault. Before determining what penalties await sexual offenders, let’s examine the two most prevalent sexual assault complaints and the related sanctions.
Rape Or Forceful Sexual Penetration
Whether the law refer to forced sexual intercourse as “rape,” “sexual assault,” “criminal sexual penetration,” or “sexual battery,” the illegal behavior is often referred to as sodomy or sexual penetration without permission.
Sexual penetration is often described as the insertion of a bodily part or an item into the vagina. Sodomy is often characterized as oral sex, which involves oral contact with the female genitalia or the penis or penetration of the anus with an object or bodily part.
Punishments For Rape Or Forceful Sexual Penetration
Numerous states have classified rape into degrees, such as first- and second-degree rape, or created classifications of severe sexual assault. The particular charge will depend on the sort of pressure or force used if the assault resulted in severe physical harm and if it was conducted with a lethal weapon, such as rape at gunpoint.
According to the terms of each individual state’s sentencing legislation or guidelines, possible punishments might vary from one year to life in prison. Some states mandate a minimum jail term or force the court to press a prison term without parole or probation. In certain places, the present judge might have discretion about the duration of the punishment and whether or not to let the offender spend any part of the term on probation in place of jail time.
Sexual Abuse And Illicit Sexual Contact
The majority of states additionally outlaw sexual behavior that is not penetration, oral sex, or sodomy. Sexual battery or criminal sexual contact is often used to describe sexually explicit conduct that happens without the victim’s agreement. Some states define sexual battery as sexual penetration, while others describe it as sexual contact.
Touching an intimate body part (unclothed or clothed, depending on the state) for sexual pleasure or arousal without taking the other person’s permission; or pressurizing another person to touch or hold an intimate portion of the body of the offender.
Punishment For Sexual Abuse And Illicit Sexual Contact
Crimes involving sexual battery and criminal sexual contact that doesn’t include penetration are often less severe and carry smaller punishments than criminal sexual penetration or rape.
However, criminal sexual intercourse that occurs with bodily harm performed with a dangerous weapon or is perpetrated by more than a single person is often a felony. However, criminal sexual intercourse involving force or compulsion that does not include a weapon might be considered a misdemeanor. A misdemeanor offender may be sentenced to 1 year in jail time but is not compelled to serve jail time.
There are harsh repercussions for sexual assault. After getting charged, see a criminal defense counsel immediately. The Constitution guarantees you, legal counsel. A lawyer may acquire and refute the evidence against you.