Federal Law defines sexual assault as committing a sexual act on another person without their consent and through the use of force, threats, or fraud. It encompasses a broad category of actions that are illegal under the U.S. Criminal Code.
Our criminal defense attorneys possess experience defending against sexual assault charges and stand ready to help you or your loved ones if you are ever investigated for, or charged with sexual assault.
We help our clients deal with sexual assault charges and ensure they receive the strongest possible defense. If you or a loved one has been charged with a sexual assault charge, call us now.
What puts a person at risk of being prosecuted for sexual assault?
Federal laws prohibiting sexual assault can be found in a number of sections of the U.S. Code. Under said law, it is illegal under federal law for anyone to engage in sexual contact with another person without that person’s consent, or to engage in sexual contact when that person is legally unable to consent or to engage in sexual contact through the use of force, threats, or fraud.
What are the specific federal laws related to sexual assault?
Sexual Assault and Sexual Abuse crimes under federal law are defined in 18 U.S. Code Chapter 109A. This Chapter contains explicit provisions defining what a sexual assault is under federal law, what constitutes aggravated sexual abuse, and how the law handles the abuse of minors, repeat offenders, and offenses that result in death.
Federal Law also governs offenses of rape and sexual assault in the US Armed Forces under 10 U.S. Code Section 920. Art. 120. While these laws are closely related to the non-military laws governing sexual assaults, there are some unique aspects that must be considered when dealing with military law and court-martial trials.
What crimes are related to sexual assault under federal law?
There are a number of laws related to sexual assault under federal law. Chapter 109A also contains laws against:
- Aggravated sexual abuse
- Sexual abuse of a minor or ward
- Abusive sexual contact
- Sexual abuse offenses resulting in death
- Repeat offenses of sexual assault
In addition, there is also a law mandating the restitution of sexual assault victims by those who have committed crimes against them.
It is possible to violate several of these laws in a single action. Someone who sexually abuses a minor, to an aggravated degree, and who ultimately brings about the death of the minor would be charged with numerous sexual assault crimes under Chapter 109A of the US Code.
Because there can be such overlap between the sexual assault crimes, it is important to consult a skilled defense attorney should you or a loved one ever be charged with sexual assault.
Sexual Assault of a Minor
There are several factors that add complexity to sexual assault law in the United States.
Under U.S. Law, minors are unable to consent to sexual contact until they reach a certain age. While that age may vary depending upon the laws of the State in which the act occurs the government prosecutor does not need to prove that the accused knew that the victim was underage.
Sexual Assault of a Minor is a Strict Liability Crime
Indeed, since sexual assault of a minor is a strict liability crime, the minor may have even explicitly told the accused that they were over 18 when they were not, and any sexual act could still be charged as criminal.
Given the complicated nature of some aspects of federal sexual assault laws, it is important to consult a skilled criminal defense attorney should you or a loved one be accused of sexual assault.
What are some major sexual assault cases?
There have been a handful of sexual assault cases over the last few years. Notably, Bill Cosby and Harvey Weinstein were accused and convicted of sexual assault. These were just a few of the notable number of sexual assault-related cases brought to trial for past offenses committed by celebrities.
In the case of Bill Cosby, he was accused of sexual assault-related charges by more than 60 women, and while the statute of limitations had passed for many of the offenses, he was ultimately found guilty on three counts of aggravated indecent assault and sentenced to three to ten years in prison.
Allegations of sexual assault must be taken seriously and the consequences of a conviction, if you are charged with sexual assault are severe. Not even powerful celebrities are outside the reach of sexual assault laws. If you or a loved one are facing criminal charges related to sexual assault, you must contact a lawyer immediately to ensure you have the best possible defense.
What agencies investigate and prosecute sexual assault charges?
Investigations for sexual assault crimes under federal law are conducted by the Attorney General’s office and the Federal Bureau of Investigation. Because the list of related crimes is expansive and because many offenses often overlap with state crimes, investigations and prosecutions are also generally handled by state and local agencies and prosecutors.
Members of a municipal police force, for example, might start by collecting evidence of a crime through the use of a rape kit and taking the victim’s account. Local prosecutors may then seek to bring charges. Where federal laws against sexual assault have also been broken in addition to state sexual assault laws those charges may also be brought against the accused.
Defending against a sexual assault charge can be complicated because of the scope of prosecution. For this reason, it is important to reach out to a skilled criminal defense attorney to ensure that you or a loved one have the best representation possible.
What are some of the penalties if you are convicted of sexual assault?
Individuals who violate sexual assault laws can face a number of severe penalties, such as:
- Under federal statutes, specifically, Chapter 109A, state the guilty may be fined and imprisoned for a number of years.
- When the assault results in the death of the victim, the death penalty may be utilized.
- State level penalties will be incurred along with federal penalties.
Since those who are found guilty of sexual assault face the possibility of life in prison or even the death penalty, it is absolutely critical that they consult a skilled defense attorney.
What are some defenses to sexual assault charges?
In order to prosecute sexual assault crimes, a prosecutor must prove that an accused individual has violated all elements of the charged sexual offense under the United States Code or relevant State Law. Good defense attorneys understand how to defend against criminal charges by attacking specific elements of the statute, and through the use of affirmative defenses.
Since almost all sexual assault-related offenses require the absence of consent or the use of force or fraud, a skilled defense attorney will work tirelessly to defend their client to ensure that exculpatory evidence is considered which might show that no crime took place.
Defending against any sexual assault-related charge requires a well thought out defense strategy as the prosecutions often involve numerous criminal charges and the consequences of a conviction can be incredibly severe.
Why would I need an attorney if I am charged with sexual assault?
Anyone who has been charged with a sexual assault-related crime or who has had a family member charged with it should contact a qualified attorney immediately. Defending against it requires an attorney who can consider the possible additional crimes with which an individual may be charged, the elements of said crimes, and the ways in which they might be negated.
The consequences of taking a guilty plea or being convicted of sexual assault can be severe. Punishments include the possibility of life in prison and even the death penalty. As such, it is critical to contact a skilled attorney to handle your case.
“Sexual Assault” Crimes in the News
Article #1: Man Charged with Dozens of Sexual Assault Counts in Oregon and California.
Charge: Multiple sexual assault-related charges.
Allegations: sexual assault, including child sexual abuse and production of child pornography.
In November 2018, Robert Arnold Koester was arrested by the Carlsbad Police Department. He was initially charged with 23 felony charges by state prosecutors including child sexual abuse and the production of child pornography.
The accused also owns a farm in Yamhill County, Oregon where it is alleged he sexually assaulted others and produced child pornography. A Grand Jury in Yamhill County charged Koester with 32 additional felony counts involving four separate victims, including one underaged victim.
The Federal Bureau of Investigation in San Diego and Portland have been cooperating with local law enforcement in Carlsbad where Mr. Koester is being held in this ongoing investigation.
Article #2: Solen, ND Man Sentenced to 19 years for Aggravated Sexual Assault by Use of Force.
Charge: Multiple sexual assault-related offenses.
Allegations: Sexual assault and rape.
In 2017, See Walker forced his way into the residence of a North Dakota woman and forcibly held her down while he sexually assaulted her. The victim was eventually able to escape and contact the authorities.
Mr. Walker fled from the residence but was later apprehended by the Bureau of Indian Affairs Police Officers to whom he later admitted the crime. Investigation into the crime was carried out by the Bureau of Indian Affairs, the Federal Bureau of Investigations, and the North Dakota Crime Lab.
Article #3: Prisoner-Transport Officer Arrested for Sexual Assault.
Charge: Multiple sexual assault-related charges.
Allegations: sexual assault, rape, firearms related offenses.
In 2017, Eric Scott Kindley, a prisoner-transport officer was arrested in Stockton, California in relation to charges arising from the sexual assault of female-inmates in his custody.
The charges allege that Mr. Kindley assaulted three different female inmates on three different rides. One from California to Arizona, one from Alabama to Arizona, and the other Mississippi to New Mexico.
On each occasion, Mr. Kindley handcuffed the female prisoner victim, restrained them, and took them to a secluded location to carry out the assault. He threatened them with his firearm and informed them that they would not be believed should they speak out against him.
Mr. Kindley has not been convicted of these crimes, and they are being investigated and prosecuted by the Phoenix Division of the Federal Bureau Investigation, the Criminal Section of the Civil Rights Division of the U.S. Department of Justice and the Assistant United States Attorney for the District of Arizona.
Looking for a sexual assault criminal defense Attorney? – Call Us Now
Charges of sexual assault-related crimes can have a devastating impact on your family, your reputation, your liberty, and your future.
Why you need an experienced criminal defense attorney?
Our attorneys understand sexual assault laws and can help you defend yourself against allegations that may be brought against you or your loved ones. We can accompany you to interrogations and ensure that your rights are not violated. Ultimately, our goal is to help you establish a legitimate defense and secure the best possible outcome.
We have the knowledge and background to successfully defend anyone prosecuted for sexual assault-related crimes for any penalties they may face. We have defended numerous individuals charged with sexual assault in the past and would love to help assist you in your case.
