To the victims of sexual assault, the various degrees can't take away
the emotional and physical pain. But these specific degrees have been
put in place in order to clearly define and prosecuted the perpetrators
of these heinous acts. Each state has their own sexual assault degrees
laws and penalties. Although there might be some slight variations in
the details of codes and statutes there are some very clear cut common
denominators about the degrees of sexual assault.
First Degree
First Degree Sexual Assault is considered a felony and the most serious
of these types of offenses. This form of assault encompasses sexual
intercourse or sexual contact without consent that results in pregnancy
or bodily harm, or where a weapon or threat of a weapon was used or
where one or more persons where involved in the assault through the use
of threat or violence. Most rapes will fall under this degree of sexual
assault. It carries the harshest of penalties which could mean up to
forty years behind bars for each count.
Second Degree
Second Degree Sexual Assault is also a felony and pertains to sexual
intercourse or sexual contact without consent as with First Degree
Sexual Assault but other factors included in this degree concern the
crime being committed against a person who is mentally impaired or
physically disabled or who might be confined to a nursing home or even
a prison. In some states, Second Degree Sexual Assault also applies to
sexual contact without consent to a person who is under the age of
twelve. Convictions of Second Degree Sexual Assault can land a person
in jail for up to 25 years.
Third Degree
Third Degree Sexual Assault is consider a felony and concerns the same
level of sexual intercourse or sexual contact without consent but deals
with more specific assaults that might occur between members of the
same household such as between husband and wife or between siblings.
This can also include assaults that occur with minors between the ages
of 12 and 18.
Fourth Degree
Not every state has a classification of Fourth Degree Sexual Assault
but those that do consider this type of assault as a misdemeanor.
Usually this involves sexual contact such as groping or exposing
genitals but not necessarily intercourse. If sexual intercourse is
involved with a Fourth Degree Sexual Assault it is usually a sexual
assault occurring between two minors. Fourth Degree Sexual Assault can
carry a five year jail term.
Sexual Assault is treated very seriously by the courts. Repeat
offenders convicted of the same degree of sexual assault can fine their
jail times doubled and tripled. Because the laws are so specific, it
falls to the individual state's prosecutors to determine which degree
of sexual assault to levy against the accused. In some cases, the
degree of sexual assault can be lowered in a plea bargain arrangement.
If a person is convicted of any degree of sexual assault, they will
have to register with a national sexual offender's database.