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Understanding Second-Degree Sexual Assault
Sexual assault is a serious offense that can have lasting effects on both victims and those accused. If you or someone you know is seeking clarity on second-degree sexual assault, this guide will explain its legal definition, potential defenses, and sentencing guidelines.
Our attorneys at Schmidt & Clark have extensive experience handling second-degree sexual assault cases, helping us provide accurate insights into what victims and the accused can expect from the legal system.
Summary of the Key Findings
- Second-degree sexual assault is a serious crime
- The development of a story is the first step in constructing a good defense in a sexual assault case
- The sentence depends on different factors
What is Sexual Assault?
Sexual assault is defined as any sexual activity that occurs without a person’s consent. It includes physical, psychological, or emotional abuse in the form of a sexual act. While the law provides specific criteria for sexual assault, it generally falls under two main categories:
- Non-consensual sexual contact – A person intentionally touches another individual’s intimate areas (such as breasts, genitals, or buttocks) for sexual gratification without their explicit permission. Consent can be verbal or nonverbal, but it must be clear.
- Inability to consent – A person is considered unable to give consent if they are physically helpless, mentally incapacitated, or under the legal age of consent (typically 17 or younger, depending on the state).
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What Constitutes Second-Degree Sexual Assault?
A person commits second-degree sexual assault when they engage in sexual contact or intercourse under the following conditions:
- Use of force – The perpetrator compels the victim through physical violence, threats, or intimidation.
- Resulting harm – The sexual act causes physical injury, emotional trauma, or requires medical or psychiatric treatment.
- Victim is incapacitated – The victim is unconscious, mentally incapacitated, or otherwise unable to consent.
- Age difference – The perpetrator is 18 or older, and the victim is younger than 14.
- Abuse of power – A teacher, coach, or authority figure engages in sexual contact with a student under 21.
“Every 68 seconds, an American is sexually assaulted. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison.” - Rape, Abuse & Incest National Network
What to Do If You Are Facing Charges
Facing a second-degree sexual assault charge can be overwhelming, but taking the right steps can make a difference in the outcome of your case.
Immediate Actions:
- Do not speak to law enforcement without legal counsel. Anything you say can be used against you in court.
- Gather any evidence that supports your defense, including messages, phone records, and witness statements.
- Contact an experienced sexual assault defense attorney immediately.
- Avoid social media discussions about the case.
- Prepare for legal proceedings by understanding your rights and potential outcomes.
Possible Lines of Defense
The development of a story is the first step in constructing a good defense in a sexual assault case. Some charges can be completely fabricated or exaggerated. However, it is critical to thoroughly research your case and seek out all relevant facts and testimony in order to construct an authentic narrative for the jury that depicts the case's motives and details.
A claim of real innocence is the most basic defense in prosecution. A defendant may argue that they were in another location at the time of the alleged crime and hence could not have done it. This is referred to as providing an "alibi." To build an effective alibi defense, the defendant must present compelling evidence that they were not with the victim at the moment the crime was committed.
Defendants in these cases will sometimes acknowledge the offense but argue with the victim's consent. Sexual behavior should happen against the claimed victim's will, which is one of the criteria of assault. As a result, if the defendant can show that the victim agreed to the sexual contact or sexual intercourse, the charges will be dismissed.
For the defendant, proving permission might be difficult and even problematic. Defendants are frequently unable to produce affirmative defense or evidence of permission without testifying and being cross-examined.
Sentencing and Legal Consequences
The severity of penalties for second-degree sexual assault depends on various factors, including the age of the victim and the level of harm inflicted.
Classification | Maximum Prison Sentence | Maximum Fine |
---|---|---|
Class B Felony | Up to 20 years | $10,000 |
Class C Felony | Up to 40 years | $100,000 |
Class D Felony | Up to 7 years | Varies |
- A Class B felony applies when the crime involves force, coercion, or significant injury.
- A Class C felony applies when the victim is under 16 or mentally incapacitated.
- A Class D felony applies when the crime involves a minor under 16 but without force or coercion.
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FAQs
In the United States, what is the average sentence for sexual assault?
The average sentence in the United States for sexual assault is 178 months. 19.1% of these criminals are convicted of a crime with a mandatory minimum sentence [1].
Do strangers commit the majority of sexual crimes?
Strangers do not commit the majority of sexual crimes. The great majority of sexual assaults take place between persons who are acquainted with one another. According to studies, rapes are conducted by known perpetrators in roughly 62 % to 92 %.
How is second-degree sexual assault different from first-degree?
First-degree sexual assault usually involves more severe acts, such as rape or sexual acts involving force, weapons, or serious injury to the victim. Second-degree sexual assault typically involves less severe but still non-consensual sexual contact, such as groping or sexual acts without consent but without extreme violence or threat.
Get a Second-Degree Sexual Assault Evaluation
Second-degree charges can result in stigma and socioeconomic consequences. As a result, it is vital that an individual gets legal advice to ensure that all options are considered when defending against an accusation of second-degree sexual abuse.
If you have been accused of the misdemeanor of second-degree sexual abuse, it is critical that you seek the advice of a highly qualified and recognized law firm. Contact Schmidt & Clark, LLP legal team here and get a free evaluation for your case.
References:
1. https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Sexual_Abuse_FY18.pdf