If you have been accused of a sex crime, it can ruin your life and those of the people closest to you. It is absolutely imperative to seek legal counsel and hire an attorney immediately. Do not take to anyone, including family, about the allegations, and do NOT talk to school, medical or law enforcement personnel before you hire an attorney. Every single attorney will tell you that those people are not your friends and that their goal is to find the offender, not to exonerate the accused. Below are some of the sex crimes you could be charged with, and their penalties.
SEX CRIMES: TYPES OF CRIMES AND SENTENCES YOU MAY FACE
“Criminal sexual penetration” is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission. Criminal sexual penetration does not include medically indicated procedures.
- Criminal Sexual Penetration, First Degree: By the use of force or coercion that results in great bodily harm or great mental anguish to the victim.
- Criminal Sexual Penetration of a Minor, First Degree: The prosecutor has to show that you have unlawfully and intentionally caused a child under the age of 13 to have oral sex, intercourse or anal sex, by using force or coercion. Very often, these allegations are brought about through a “delayed disclosure” which means the child says something happened months or even years ago. Often these allegations occur as part of a custody dispute or another disruption in the family. You can face 18 years to life, for each instance charged against you.
- Criminal Sexual Penetration, Second Degree: On an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate; by the use of force or coercion that results in personal injury to the victim; by the use of force or coercion when the perpetrator is aided or abetted by one or more persons; in the commission of any other felony; or when the perpetrator is armed with a deadly weapon. You can face up to 15 years and up to a $12,500 fine, for each instance charged against you.
- Criminal Sexual Penetration of a Minor, Second Degree: The prosecutor has to show that you have unlawfully and intentionally caused a child between the ages of 13 and 18, to have oral sex, intercourse or anal sex, by using force or coercion. These allegations are often brought up years later, and the accused is caught off-guard because they have to remember details and try to obtain evidence from years before. You can face a minimum of 3 years to life if you are convicted.
- Criminal Sexual Penetration, Third Degree: All criminal sexual penetration perpetrated through the use of force or coercion not otherwise specified in § 30-9-11. You can face up to 6 years and a $5,000 fine if you are convicted.
- Criminal Sexual Penetration of a Minor, Third Degree: All criminal sexual penetration that doesn’t fit within first degree or second degree, can be charged in the third degree. If convicted, you can serve up to 3 years in jail.
- Criminal Sexual Penetration of a Minor, Fourth Degree: This charge is often referred to as “statutory rape” because a person who has sex with a child ages 13 to 16, and if the person is 18 years or more (and older than the alleged victim by 4 years), or works for a school (that the alleged victim attends), can be charged by the prosecutor of committing rape. The definitions of criminal sexual penetration are the same as the other charges, but under the law, a teenager under 18 cannot consent to sex. You can face 18 months in jail if you are convicted.