Sexual assault allegations are highly serious and can have major consequences. Here is everything you need to know about 2nd-degree sexual assault.
What is 2nd Degree Sexual Assault?
A sexual assault is considered in the 2nd degree if the individual committing the assault:
- Engages in sexual contact with another person by force
- Engages in sexual contact with another person who is incapable of consent because they are:
- Physically helpless
- Mentally defective
- Mentally incapacitated
- Engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
- Engages in sexual intercourse with a person between the ages of thirteen and sixteen, and the perpetrator is more than three years older than the victim.
Related: Sexual Coercion vs Sexual Assault: What’s the Difference?
How Do 1st and 2nd Degree Sexual Assault Differ?
While there are many similarities between second and first-degree sexual assault, they differ in that the second-degree does not involve sexual penetration. From a legal standpoint, however, it is considered equally as damaging as first-degree assault due to the violent nature of the crime.
Penalties for Second Degree Sexual Assault
Sexual assault involving penetration or rape is typically a felony. Second-degree sexual assault, while it does not involve penetration, is typically still regarded as a felony. Sexual assault in the second degree is typically classified as a Class C felony. It can, however, be classified as a Class B felony if some age requirements are satisfied. If, for example, the victim is under the age of sixteen. Depending on the state an individual lives in or where the incident occurred, there are varying laws and procedures surrounding sexual crimes. Different regulations in each state determine the classification and punishment of sexual crimes. For example, laws regarding the age of consent, or sexual abuse in California may be slightly different than the laws regarding sexual abuse in Connecticut. However, while sentencing varies by state, convictions for second-degree sexual assault typically do not result in life imprisonment. Rather, sentences of up to fifteen years are more common. Probation and registration as a sex offender are also common penalties for the assault.
Related: Is a Forced Kiss Sexual Assault?
Defenses for Second Degree Sexual Assault
Several defenses can be taken in response to second-degree sexual assault charges. The following are the most common:
Presence of Consent – If it can be proven that consent for the sexual contact was given, then the second-degree sexual assault case can potentially be thrown out as it would have no merit. It is important to note, however, that individuals under the age of fourteen are not capable of giving consent. Therefore, if the alleged victim is under the age of fourteen, this defense cannot be used.
Absence of intent – If an attorney can convince the court that the incidents which occurred could be accidental or unintentional and with no purpose of sexual gratification, it could potentially lift all charges. Essentially, this defense consists of proving that the incident had no sexual intent or was accidental or incidental.
Penalties for Third and Fourth Degree Sexual Assault
If convicted of third-degree sexual assault, the defendant typically faces up to 15 years in prison. Third-degree sexual assault is also considered a felony. Fourth-degree sexual assault, on the other hand, is typically regarded as a misdemeanor. The offender of the fourth degree can face up to two years in prison.
National Sexual Assault Hotline
RAINN is the nation’s largest anti-sexual violence organization. Their hotline is confidential and available 24/7 to support those who have been sexually assaulted. The number to reach them is 800-656-4673.
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If you or a loved one would like to learn more about 2nd Degree Sexual Assault, get your free consultation with one of our Women’s Rights Attorneys today!