Sex Crime Laws
A conviction of a sex crime may lead to a long time behind bars and a requirement to register as a sex offender. Someone with this type of record may face obstacles in getting certain jobs or housing. Since the stakes are so high, anyone suspected of a sex crime should not try to tell their side of the story to the police or prosecutors. They should consult an attorney as soon as possible so that a professional can handle the legal nuances.
Types of Sex Crimes
States prohibit many types of non-consensual sexual acts. Statutes may use terms such as sexual assault, sexual battery, or sexual abuse. In these cases, a prosecutor usually must prove both that the defendant engaged in conduct covered by the applicable statute and that the other person did not consent. However, the law presumes a lack of consent in certain situations. These may include sex between an authority figure, such as a teacher, clergymember, or correctional officer, and a person under their supervision or influence.
Another situation in which lack of consent is presumed is statutory rape, which involves sex with a person under the legal “age of consent.” Laws also protect children by prohibiting possessing, distributing, or producing child pornography, which may result in harsh penalties. Meanwhile, child molestation laws prohibit various forms of sexual conduct affecting a child. These may include not only inappropriate touching but also some non-contact activities.
Other sex crimes involve conduct between consenting adults that is seen as socially undesirable. These include prostitution, which is the exchange of sexual acts for compensation. States also criminalize certain conduct that furthers prostitution, such as soliciting a prostitute or pimping. Another example of consensual but prohibited activity is incest, which is sexual conduct between certain family members.
Some laws target public sexual conduct. Indecent exposure laws generally prohibit exposing the genitals or other private body parts in a public place or in situations that could cause offense to other people. Public indecency laws in some states may further prohibit consensual sexual conduct in public, such as intercourse or sexual touching.
Examples of Sex Crimes
Here are some situations in which various sex crimes might be charged. Note that these hypothetical narratives may be disturbing to some readers.
Sexual assault: After kissing his date, Phil tries to unbutton her skirt. She says “no, stop,” but Phil ignores her and removes her skirt before pushing her onto his sofa and having sex with her.
Sexual abuse by authority figure: Vern goes to Peter, a pastor, for spiritual advice. Vern agrees to have sex with Peter after he says that this will give Vern a closer connection to God.
Statutory rape: Patrick, a 28-year-old trucker, starts chatting with a girl at a truck stop. They eventually have sex in his cab. The girl turns out to be 15, under the age of consent.
Child pornography: Parker films his 14-year-old stepdaughter taking a shower and shares the video with his friends online. They watch it repeatedly and save the file on their computers.
Child molestation: Priscilla, a daycare employee with no medical training, conducts “checkups” of the boys at the daycare during which she fondles their genitals.
Prostitution: Penelope asks John to lend money to her. When he says no, she agrees to have sex with him in exchange for the money.
Incest: Paul is attracted to Pamela, the younger sister of his mother. After Pamela divorces her husband, Paul persuades her that having sex with him would “make her feel younger.”
Indecent exposure: Philip is sitting on a bench in a public park watching pornography on his phone. He eventually pulls out his penis and starts masturbating to the video.
Defenses to Sex Crimes
While everyone should always take accusations of sex crimes seriously, some of these charges may result from false reports. An accuser might have had a particular motive to get the defendant in trouble, or they might have simply misunderstood a scene that they witnessed. Either way, a defendant might avoid a conviction by discrediting the accusation. In some cases, a defendant also might have an alibi. This means that they could not have committed the crime because they were somewhere else when it happened.
Many sex offenses require a certain mental state, such as intent or knowledge. If a defendant did not have this mental state, the prosecutor should not get a conviction. For example, perhaps a defendant facing an indecent exposure charge simply had a wardrobe malfunction. Or perhaps two children from different mothers started a relationship without knowing that they had the same father.
Sometimes a defendant might avoid a conviction if law enforcement did not follow Fourth Amendment rules for searches and seizures. This could result in the exclusion of incriminating evidence, and the prosecution might not be able to prove the case without it. Coerced confessions or other violations of constitutional rights could lead to similar outcomes.
Penalties for Sex Crimes
Potential periods of incarceration vary widely based on the type of crime and the jurisdiction. Here are some examples of sentences for sex crimes in Florida:
- Sexual battery: generally up to 15 years
- Possession of child pornography: up to 5 years
- Child molestation (lewd or lascivious molestation): up to 15 years
- Prostitution: up to 60 days
- Incest: up to 5 years
- Indecent exposure: up to 1 year
Here are some examples of sentences in Texas:
- Sexual assault: generally 2-20 years
- Possession of child pornography: 2-10 years
- Child molestation: 2-20 years (sexual contact); 2-10 years (indecent exposure)
- Prostitution: up to 180 days
- Incest: 2-10 years (2-20 years if it involved an ancestor or descendant)
- Indecent exposure: up to 180 days
Charges or penalties may increase in the presence of certain aggravating factors, such as the use of force, a particularly vulnerable victim, or a history of similar convictions.