Jail Time for Molestation Charges

pexels karolina grabowska 4379914

Here is a staggering fact: Nearly 1 in 13 boys and 1 in 4 girls in the United States (U.S.) experience child sexual abuse.

Even if you have never heard of these sad statistics, chances are you have already read many headlines or heard news about the offense.

The term “child sexual abuse” appears straightforward. It tells you who the victim is (a child) and the nature of the abuse (sexual). As such, people often use the phrase as a blanket label for any unlawful sexual conduct committed against a legally defined minor.

For example, some individuals, including law enforcement agents, use “child sexual abuse” and “child molestation” interchangeably. However, these terms have specific meanings that have profound legal consequences.

In fact, sex offender registries sometimes do not distinguish between various categories of child sexual abuse, even though child molestation usually differs from statutory rape regarding maximum sentence and jail or prison time.

Those facing a charge of child molestation understand why the crime carries harsh penalties. But they might also wonder whether the description and imposed punishment, including prison or jail time, fit the crime committed.

LookUpInmate.org is your go-to online resource for information regarding inmates and correctional institutions in the U.S.

This article discusses essential information regarding child molestation, including the possible penalties it carries and its difference from other sex-related offenses.

Learn more about the different penalties various jurisdictions impose on child sex offenders.

What Is Child Molestation?

pexels pixabay 236215

The term “child molestation” seems self-explanatory. But in criminal law, it has a technical definition that could influence a judge’s sentencing decisions.

For instance, many people in the U.S. use the termsstatutory rape” and “child molestation” interchangeably when referring to any sexual abuse committed against minors.

While both crimes mean unlawful sexual conduct with an underaged person, the critical difference between them is the voluntary action of the involved minor.

Another distinguishing factor is the victim’s age. Each state has its own law regarding the age of consent, affecting the state’s definition of rape (statutory rape).

So, statutory rape often refers to voluntary sexual intercourse with a postpubescent individual under the state-set age of consent.

On the other hand, child molestation generally involves forcible sexual relations or sexual contact with a prepubescent child. As such, the law usually treats it as a more severe crime than statutory rape.

What Is Considered Child Abuse and Molestation?

Child molestation or abuse refers to the sexual exploitation of, or any unlawful behavior of sexual nature with, a person legally defined as a minor.

What Is an Example of Molestation?

Molestation is a broad term that could involve any of the following unlawful sexual acts:

  • Sex with minors, including touching their privates, exposure of genitalia, taking pornographic photos, rape, provoking children to perform sexual acts, and the likes
  • Incest with an underaged family member
  • Any form of sexual conduct short of rape

What Is a First-Degree and Second-Degree Child Molestation?

In the U.S., state and local jurisdictions generally handle child sexual abuse issues, not the federal government.

States often categorize sex crimes, including child abuse or molestation, into degrees.

For example, the state of Washington classifies child molestation into first and second degrees:

  • First-degree child molestation: This offense happens when the offender has, or intentionally causes, another individual younger than 18 to have sexual contact with someone younger than 12. The perpetrator is 36 months older than the victim.
  • Second-degree child molestation: This offense occurs when the offender has, or knowingly causes, another individual under 18 to have sexual contact with someone at least 12 years old but less than 14 years old.

In this case, the perpetrator is at least 36 months older than the victim.

U.S. Child Molestation Laws

Child molestation laws vary from jurisdiction to jurisdiction. As such, each state has subtle differences in definitions and punishments for child molestation crimes.

For example, here’s how Missouri and Arizona define and penalize the molestation of a child:

  • Missouri: This state categorizes has two categories for child molestation:
    • First-degree child molestation: A person who commits this crime subjects another individual younger than 14 to sexual contact, and the perpetrator’s offense is an aggravated sexual offense.

First-degree child molesters may receive sentences ranging from 10 to 30 years in prison. In some cases, the sentence can be life imprisonment.

Suppose the victim is under 12 years old. In that case, the perpetrator shall serve the prison term without eligibility for parole, probation, or conditional release.

    • Second-degree child molestation: A person who commits this offense subjects a child younger than 12 to sexual contact.

An individual has also committed this crime if they are four years older than their victim and the victim is younger than 17 years old. Moreover, the offense is an aggravated sexual offense.

Second-degree child molesters may receive a sentence of 5 to 15 years in prison.

  • Arizona: An individual commits molestation of a child in Arizona by knowingly or intentionally engaging in or causing an individual to take part in sexual contact (except sexual interaction with the female breast) with a child younger than 15.

Laws Regarding Sexual Misconduct With a Minor

As mentioned, definitions, classifications, and sentencing policies for sexual offenses vary from state to state.

That said, knowing how one state defines, classifies, and sentences a particular sex crime can still give you an idea of what individuals charged with sexual misconduct or child solicitation experience elsewhere.

Here are two ways Indiana defines sexual misconduct with a minor:

  • Type 1: Say a person at age 18 or older knowingly or intentionally engages in or consents to sexual intercourse or other sexual conduct with a child under 16 years of age. This individual has committed sexual misconduct with a minor.
  • Type 2: Suppose a person aged 18 and over knowingly or deliberately participates in or consents to any fondling or touching of a child under 16 with intent to arouse or gratify the sexual desires of either the minor or the older person. Such actions qualify as sexual misconduct with a minor.

Additionally, here’s how Indiana penalizes those who commit sexual misconduct with a minor:

  • Type 1: This crime is a Level 5 felony. People guilty of this offense will serve a fixed term of between one and six years, with the recommended prison time being three years. Moreover, the offender faces a maximum fine of $10,000.
  • Type 2: This criminal offense is a Level 6 felony. Individuals who commit this act will serve a prison sentence for a fixed term of between 6 months and 2 1/2 years, with a recommended sentence term of one year. Additionally, the perpetrator is subject to a fine of up to $10,000.

Child Solicitation Laws

Meanwhile, North Dakota describes corruption or solicitation of minors in two ways:

  • Engaging in, soliciting to engage in, or causing another to perform a sexual act with a minor
  • Soliciting with intent to participate in sexual activity with a child under 15
  • Engaging in or causing someone to engage in sexual activity when the adult is 22 or older, and the alleged victim is 15 or older

Consequences of a Child Molestation Conviction

Child molestation is a grave offense, often involving harsh penalties and life-altering consequences.

Child molestation convictions can have serious repercussions, depending on the state and the severity of the crime.

What Criminal Charges Can You Face for Child Molestation?

In Ohio, child molesters may get a criminal charge of illegal sexual conduct with a minor if they meet the following criteria:

  • The offender is age 18 or older.
  • Indulging in sexual behavior with someone, not the offender’s spouse, when the offender knows the victim is 13 years old or older but younger than 16 or the offender shows recklessness on that count.

Felony Penalties for Child Molestation

Meanwhile, here are some penalties for getting charged with illegal sexual conduct with a minor in Ohio:

  • With a few exceptions listed below, the offender faces a fourth-degree felony charge, and the sentence ranges from 6 to 18 months imprisonment with a maximum fine.
  • Say the defendant is less than four years older than the victim. In that case, they are guilty of a first-degree misdemeanor, punishable by a maximum of 180 days in prison.
  • Suppose the perpetrator is 10 or more years older than the victim. Their offense is a third-degree felony.

The penalty depends on the defendant’s criminal record, ranging from 9 months to 60 months imprisonment, including a maximum fine of $10,000.

  • Suppose the offender was previously convicted or pled guilty to rape, sexual battery, or unlawful sexual conduct with a minor.

In that case, they committed a second-degree felony, and the penalty is two to eight years in prison and up to a $15,000 fine.

Sentencing Enhancements for Child Molestation

Many states also have sentencing enhancements that considerably increase the potential penalties for child molestation or sexual abuse.

Defendants may face a sentencing enhancement if they have experienced any of these scenarios:

  • Having prior sex offense convictions
  • Engaging in repeated sexual abuse of a child for an extended period
  • Having a position of authority over the child (such as a therapist, clergyperson, coach, or teacher)
  • Committing or threatening physical harm against the child
  • Abusing a child younger than a particular age

A sentencing enhancement could result in a longer prison term, impose a life or mandatory minimum sentence, or deny probation or parole for the offense.

Subsequent Offenses of Child Abuse or Molestation

Sometimes courts convert or impose shorter sentences for first-time offenders. Also, these individuals can usually negotiate a plea bargain with the prosecuting side.

In contrast, recidivists (convicted criminals who reoffend) have fewer options and usually face tougher sanctions.

Suppose the individual is a parolee or probationer who committed a similar offense. In that case, they may get additional civil or criminal charges.

This scenario could result in multiple sentences based on a conviction for each crime.

Typically, the offender must pay the victim or their family a court-determined amount. Moreover, direct payouts for medical expenses, therapy, psychological damages, and related issues often follow a conviction.

Do You Have to Register as a Sex Offender for Child Molestation?

Yes. The Sex Offender Registration and Notification Act establishes standards for sex offender registration programs in the U.S.

The method of implementing these policies varies from jurisdiction to jurisdiction.

For example, the state of New York’s Sex Offender Registration Act applies only to perpetrators of specific sex offenses on or after January 21, 1996.

Postrelease Supervision for Felony Sex Offenders

Postrelease supervision or community supervision for sex offenders usually involves the following:

  • Registration or notification requirements
  • Residency restrictions
  • Technological controls
  • Civil protection orders, including restraining orders
  • Interagency collaboration intended to address the offender’s case holistically

Possible Defenses

Child molestation cases are challenging to handle.  Still, being proven guilty of this crime in court and being charged with one are entirely different things.

You want to protect yourself from false allegations (if you are innocent) or overblown accusations (if you are guilty or innocent but have no convincing evidence to argue your case).

Below are some defense strategies experienced criminal defense attorneys typically use to help defendants fend off child molestation allegations.

Romeo and Juliet Law

State legislators enacted this law to address issues regarding young people getting branded as “sexual offenders” or “sexual predators” for engaging in a consensual sexual relationship with someone relatively close to their age.

For example, in Florida, the Romeo and Juliet Law still prohibits an 18-year-old from engaging in consensual sexual activity with a 15-year-old.

However, the law also allows the offender (in this case, the 18-year-old individual) to petition or appeal to the court to remove the requirement to register as a sexual offender, provided they follow certain conditions.

Burden of Proof

The prosecuting side should prove beyond reasonable doubt that the accused individual committed the crime.

Suppose the defendant can show that the prosecuting side has insufficient evidence to demonstrate that they committed child molestation. In that case, the court is likely to find them not guilty.

Evidentiary Requirements for Lewd and Lascivious Acts With a Minor Child

As mentioned, jurisdictions have different categories for various child sexual abuse criminal cases. Consequently, they often differ regarding definitions, penalties for, and proof of unlawful activities.

For example, California’s Penal Code 288 listed the following as proof of lewd and lascivious acts:

  • The accused or defendant intentionally touched a child’s body part or had the child touch the defendant’s body.
  • The accused knowingly acted to arouse, appeal to, or gratify the sexual desires of the defendant or the child.
  • The minor was 14 years old or younger.

What happens if a person only reported the alleged crime much later than the alleged date of its occurrence?

In that case, the victim’s allegations require solid proof of the molestation.

For example, they might have to provide evidence showing they sought treatment from a therapist or reported the incident to a friend or family member around the time the crime allegedly happened.

The police might also question why the victim waited so long to report the sexual abuse. This additional requirement reduces the likelihood of false accusations in appropriate cases.

Even with these apparent safeguards, false allegations of child molestation persist. Now, with the extension or suspension of statutes of limitation, there appear to be fewer legal protections.

What Is the Statute of Limitations for Child Molestation Charges?

Today, many states have abolished the statutes of limitations (SOL) for specific sex crimes.

For example, the state of Washington eliminated SOL for the following sexual offenses:

  • Child molestation in the first, second, or third degree
  • First- or second-degree rape when the victim is under 16
  • Child rape in the first, second, or third degree
  • First-degree custodial sexual misconduct
  • First-degree sexual misconduct with a minor
  • Sexual exploitation of a minor

However, the SOL still applies to specific sex-related offenses.

 The concept of statutes of limitations intends to protect would-be defendants from unjust legal action, primarily resulting from the fact that after a considerable passage of time, relevant evidence may be lost, concealed, or inaccessible, and the witnesses’ memories may be hazy.

How Long After Being Molested Can You Press Charges?

As shown above, some states have suspended the SOL for high-level sexual offenses, including molestation.

For example, in 2019, Governor Gavin Newsom signed a bill suspending the SOL for childhood sexual assault cases.

In California, the SOL for molestation ranges between a year and a lifetime. The nature of the allegations determines the potential outcome.

For example, the statute of limitations for statutory rape is one year for a misdemeanor and three years for a felony.

Many support the suspension of the SOL for child sexual abuse cases as it allows survivors to seek justice and accountability via the civil justice system.

However, this recent legal change may make many accused vulnerable to malicious prosecution.

How the Statute of Limitations or the SOL Is Actually Enforced for Child Molestation

States suspend the SOL for specific sex crimes, including child molestation, depending on the nature of the survivor’s allegations.

For example, the application of the SOL typically depends on the following factors:

  • The alleged victim’s age, date of birth, and sworn statement
  • The purported time and date when the crime happened
  • When the person reported the crime to the police

When to Contact a Lawyer

You have the constitutional right to legal advice and assistance. You should consult a reputable law firm as early as possible.

Child molestation charges can carry lengthy prison or jail time and compel you to register as a sex offender for your lifetime.

Therefore, you should contact a qualified criminal defense attorney before discussing the charges against you. The attorney-client relationship ensures the confidentiality of your conversation with your lawyer.

Public defenders offer a free consultation or legal representation if you cannot secure a private lawyer.

Legal Defenses Available for Child Molestation Convictions

Here are three legal strategies to dispute a child molestation charge:

  • Consent: States generally consider adults who engage in sexual relations with minors as sex offenders.

However, the Romeo and Juliet law provides exemptions or leniency for consensual sexual encounters between individuals who are close in age.

Sometimes, defendants confess to illegal sexual behavior but argue that the victim consented, rendering the charge unfair.

Courts consider sexual conduct molestation if the accused does it against the alleged victim’s will.

Say the defendant has clear proof that the alleged victim consented to the sexual act. In that case, the accused can request the court to be exempt from registering as a sex offender.

  • Misidentification: Accused individuals can also argue that the victim incorrectly named them as the perpetrator.

The defense attorney can challenge eyewitness accounts by highlighting inconsistencies. These legal experts can request the court to render any evidence obtained illegally or fraudulently inadmissible.

  • Alibi: Actual innocence is the best defense against child molestation charges.

Defendants could argue they did not commit the crime because they were in another location when the alleged offense happened. This reasoning process is frequently referred to as presenting an “alibi.”

To present a plausible alibi, the defendant should show reliable documents proving they were not with the victim at the time of the alleged crime.

How Long Does a Child Molestation Case Take?

The time it takes to resolve child molestation cases varies depending on court systems and procedures.

A study examining the court cultures of three Oregon counties indicated that 18% to 47% of child sexual abuse cases concluded within the target timeframe of four months.

If you or someone you know have experienced or continue to experience sexual abuse, such as molestation, you can seek help from community organizations.

For example, you can contact RAINN via these National Sexual Assault hotlines:

The Rape, Abuse, and Incest National Network, commonly known as RAINN, is the United States’ top anti-sexual violence advocacy organization.

RAINN launched and operates the National Sexual Assault Hotline with the help of over 1,000 local sexual assault agencies in the U.S.

References

  1. Fast Facts: Preventing Child Sexual Abuse
    https://www.cdc.gov/violenceprevention/childsexualabuse/fastfact.html
  2. Differences in Statutory Rape & Child Molestation
    https://www.hg.org/legal-articles/differences-in-statutory-rape-and-child-molestation-29517
  3. Cusack, C. M. (2015). In Laws relating to sex, pregnancy, and infancy: Issues in criminal justice. essay, Palgrave Macmillan.
    https://books.google.com.hk/books?id=ZArACQAAQBAJ&pg=PT10&redir_esc=y#v=onepage&q&f=false
  4. Molestation
    https://www.law.cornell.edu/wex/molestation
  5. Citizen’s Guide to U.S. Federal Law on Child Sexual Abuse
    https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-sexual-abuse
  6. Sex Crimes: Definitions and Penalties Washington
    https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=Washington&group=3
  7. Sex Crimes: Definitions and Penalties Missouri
    https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=Missouri&group=3
  8. Sex Crimes: Definitions and Penalties Arizona
    https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=Arizona&group=3
  9. Sex Crimes: Definitions and Penalties Indiana
    https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=Indiana&group=3&_ga=2.148153591.1106551121.1688575384-1120095976.1688575384
  10. Rape and Sexual Assault Crime Definitions
    https://apps.rainn.org/policy/compare/crimes.cfm#:~:text=A%20person%20commits%20molestation%20of,Rev.
  11. Sex Crimes: Definitions and Penalties Ohio
    https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=Ohio&group=3&_ga=2.104345671.617010497.1688577865-1860189231.1688577865
  12. The National Guidelines for Sex Offender Registration and Notification
    https://www.justice.gov/archive/tribal/docs/fv_tjs/session_3/session3_presentations/Sex_Offender_Guidelines.pdf
  13. Community Supervision
    https://doccs.ny.gov/community-supervision-handbook/community-supervision
  14. Post-Release Controls for Sex Offenders in the U.S. and UK
    https://www.wsipp.wa.gov/ReportFile/1088/Wsipp_Post-Release-Controls-for-Sex-Offenders-in-the-US-and-UK_Full-Report.pdf
  15. Examine Florida’s “Romeo and Juliet” Law
    https://www.flsenate.gov/Published
  16. Penal Code
    https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=288.&lawCode=PEN
  17. Child Sexual Abuse 2019 Legislation
    https://www.wcsap.org/resources/child-sexual-abuse-2019-legislation
  18. Length of Time to Resolve Criminal Charges of Child Sexual Abuse: A Three-County Case Study
    https://pubmed.ncbi.nlm.nih.gov/26206709/

Leave a Reply

Your email address will not be published. Required fields are marked *