Most sexual offense cases are prosecuted under state law. However, in certain circumstances, sexual misconduct can be charged as a federal crime. One such offense is abusive sexual contact, a crime that punishes certain forms of non-consensual sexual touching.
Although abusive sexual contact doesn’t involve penetration, it’s still considered a serious federal sex offense that can carry significant penalties. If you’re under investigation or charged with abusive sexual contact, or any federal offense, please contact a skilled criminal defense attorney now.
What Is “Abusive Sexual Contact”?
18 USC 2244 is the federal statute that sets forth the crime of abusive sexual contact. Per this law, abusive sexual contact generally refers to intentional sexual touching of another person without lawful consent, where the touching occurs under circumstances that would constitute a more serious sexual abuse offense if penetration had occurred.
In simple terms, abusive sexual contact involves sexual touching without penetration that occurs through force, coercion, incapacity, or involving a minor.
What Counts as “Sexual Contact”?
Federal law defines sexual contact broadly. It includes the intentional touching, either directly or through clothing, of certain body parts for sexual purposes.
This may include touching of the:
- Genitals,
- Groin,
- Inner thigh,
- Buttocks, and
- Breast.
To qualify as sexual contact under the statute, the touching must be done with the intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire.
Because the statute focuses on intent, these cases often involve disputes about what actually happened and why.
When Sexual Contact Becomes a Federal Crime
You can be charged with the federal crime of abusive sexual contact when the alleged conduct occurs in areas or situations controlled by the federal government. Examples include incidents occurring:
- On federal property such as national parks, federal buildings, or military bases,
- On Native American tribal lands,
- In federal prisons or detention facilities,
- On aircraft or ships under federal jurisdiction, and
- In other locations under the special maritime and territorial jurisdiction of the United States.
If the alleged conduct occurs in one of these settings, federal prosecutors may bring charges under 18 USC 2244.
What are the Penalties?
Penalties under 18 USC 2244 vary depending on the circumstances of the alleged offense. Potential penalties may include:
- Up to two years in federal prison for certain abusive sexual contact offenses,
- Up to ten years in prison if the offense involves circumstances similar to aggravated sexual abuse,
- Up to life imprisonment if the conduct involves a minor under specific provisions, and
- Substantial fines.
Because federal sentencing guidelines apply, the exact penalty can depend on several factors, including the alleged victim’s age, use of force, and the defendant’s criminal history.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to defend against an abusive sexual contact charge with a legal defense. Some common defenses include a criminal defense attorney doing any of the following:
- Challenging whether the alleged conduct meets the legal definition of sexual contact,
- Demonstrating that the contact was consensual,
- Challenging the credibility of witnesses,
- Identifying inconsistencies in the evidence, and
- Showing that prosecutors cannot prove the required intent.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge of abusive sexual contact, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various federal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
