How much time does a sexual assailant get? 38 Answers as of May 17, 2011

What is the punishment for sexual assault (rape) on a minor?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
5 to life in Texas. Rape is a 2nd degree felony by default (2-20 years) but if it involves a minor, or aggravated circumstances, it is enhanced to a 1st degree felony (5 -99 or life).
Answer Applies to: Texas
Replied: 5/17/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
Lifetime probation plus prison.
Answer Applies to: Colorado
Replied: 5/16/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There are varying degrees of rape and depending on the circumstances determines the possible range of punishment. Rape in the first degree is a class A felony and is punishable by imprisonment in an Alabama prison for not less than 10 years nor more than 99 years or life. One commits the offense of rape in the first degree if he, a man,has non-consensual sex with a woman by means of forcible compulsion, such as holding a gun or knife on the victim or otherwise threatening the victim. Rape in the first degree also involves a man who has sex with a woman under the age of twelve (12) years, consensual or not, and that person is at least 2 years older than the victim. Rape in the second degree is non consensual sex between a man and a woman where the the woman is incapable of providing consent due to being under the influence or in a state where she is unable to know what she is doing. Rape in the second degree also involves any man who has sex with a woman between the age of twelve and sixteen years of age, he being two years older than the victim, whether consent is given or not. This is known as statutory rape. The punishment for rape in the second degree is not less than 2 years nor more than 20 years in prison. Sexual misconduct applies where the elements of rape do not, such as the victim is less than 16 years of age but the man is not more than two years older than her. A woman can be charged with rape if she aids or abets another man in having sex with a woman in a manner determined to be rape.
Answer Applies to: Alabama
Replied: 5/13/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You are asking specifically about a charge of rape with a minor. That depends on how old the minor is and how old the defendant is. It also depends on if they have a prior felony or prior violent felony record. It depends on whether the rape was on a very young child or if it was statutory rape of a 16 year old by a 17 year old. If an adult rapes a child that is a stranger to him and he is a predator who forced himself upon a very young child he is going to do 10-25 years. If he is a violent felon predicate he is going to do 10-25 years. If he is a 16 year old that had sex with his 15 or 16 year old girlfriend he will likely get probation.
Answer Applies to: New York
Replied: 5/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It sounds like a statutory rape, which means an overage male had sex with an underage female. If that is the case, it often doesn't work out that jail time is served, but it will depend upon what lawyer you get, where the case is pending and what the circumstances of the case were. Hire a very good and experienced criminal defense lawyer right away. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Sexual Abuse is a C felony which carries one year and a day to ten years. Rape is an A felony which carries ten years to life. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    There are different classes of felonies assigned to this offense. If actual penetration occurred, the defendant could be charged with a class 1 felony, punishable by 4-9 years in jail, and in some cases, could be charged with a class X felony, where he can expect to do a mandatory minimum of 6 years, up to possibly 30 years. Note, the offender will serve 85% of his time, and must register as a sex offender for the rest of his life.
    Answer Applies to: Illinois
    Replied: 5/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    There or lots of input into what the punishment would be. A person convicted of this would be looking at state prison and more than a few. Contact me with more facts and I can give you the total years.
    Answer Applies to: California
    Replied: 5/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the age of the victim because the actual charge could be different depending on the age of the victim. Washington State has a determinant sentencing law. Any sentence takes into account the defendant's criminal history and the seriousness level of the crime, The actual sentence would be determined by a sentencing grid which would give a range of time within to sentence the defendant. The court has discretion to sentence within the range of time or can go above or below the range if there are exceptional factors. Within the law concerning sexual offences, there is also a sentencing alternative called SSOSA. In that program, the defendant must be amenable to treatment and must spend time in jail. For every felony sex offence conviction, the defendant is required to register as a sex offender for a period of years. That means they can be prosecuted for failure to register and it allows people to locate sex offenders in their communities.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Depending on the age of the minor and the seriousness of the assault (or if it actually was an assault), a person can get anywhere from probation to several years in prison.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A sexual assault will always carry major penalties from prison to mandatory registration as a sex offender. In Nebraska a conviction will remain on your record for life. Anyone facing such charges needs a good criminal lawyer.
    Answer Applies to: Nebraska
    Replied: 5/12/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    It has a range of mandatory minimum of 4 years and a maximum of 100 years.
    Answer Applies to: Montana
    Replied: 5/12/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Depends on the degree of rape, and the defendant's criminal history.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It really depends on several factors: The age of the suspect, the age of the alleged victim, the specific conduct and most importantly, how it's charged by the DA. Some sex offenses can carry life terms (Penal Code section 269, for example) and there are sentencing enhancements (Penal Code section 667.61) as well as Penal Code 288.7 that can have 15-life or 25-life sentences on certain sex offenses.
    Answer Applies to: California
    Replied: 5/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You will need to specify the penal code section charged to get an intelligent answer.
    Answer Applies to: California
    Replied: 5/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Depends upon which of the available and various charge[s] are filed against you. Youll learn the actual charge[s] when you appear for arraignment at your first court hearing. When charged with a felony, you potentially face one or more years in prison if convicted, on each count, plus possible registered sex offender status on such sex crimes. PC261.5 can carry up to two to four years prison time.

    On a misdemeanor, you potentially face up to 6-12 months in jail on each count. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.

    No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    That is a complicated question the answer to which is dependent on the age of the perpetrator and the victim as well as circumstances and relevant criminal history. In the State of Washington the low end of Rape of a Child in the 3rd Degree is 12 months with no criminal history. The low end of Rape of a Child in the 1st degree is 93 months.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Your question is not specific enough as it depends on the exact charge and the facts and circumstances and what you plead to or get convicted of and what the judge sentences you to. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/12/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon a few factors. Assuming that you are not referring to statutory rape (consensual sexual intercourse with a minor), the penalties are as follows in Louisiana: Aggravated Rape: When the victim is overcome by force or under the age of 13 - Death or Life in Prison without the benefit of parole Forcible Rape: When the victim is prevented from resisting by threat or force - 5 to 40 years with a mandatory 2 year minimum served without parole Simple Rape: When the victim is incapable of resisting or understanding the circumstances - Up to 20 years.
    Answer Applies to: Louisiana
    Replied: 5/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, the offense is generically called CSC. There are 4 degrees of CSC, with CSC 1st being the most serious. The maximum jail time is different for each offense. Therefore, it depends on the charge to determine what the maximum jail time may be. If convicted, then the Sentencing Guidelines would need to be consulted to determine what the minimum jail sentence range would be in your particular case. You should consult with an attorney to provide more information so that your question can be appropriately answered. I hope that this was helpful. Contact this office to arrange an appointment if your case is in Oakland, Macomb or Wayne Counties.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This is a very fact specific question. An offender will be sentenced based upon statute, the specific offense charged coupled with his prior criminal record. A rape of a minor under age 13 could result in a life prison sentence.
    Answer Applies to: Kansas
    Replied: 5/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Assuming the charge is Criminal Sexual Conduct First Degree, this is a felony punishable by up to life in prison. If the perpetrator is 17 or older and the victim is less than 13, there is a 25 year minimum sentence required. There are other variations to possible sentences as well. For further information, contact us.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Criminal sexual conduct is a very serious offense. The sentence imposed by a court would depend greatly on the particular charge involved and any mitigating or aggravating circumstances which may exist. Under the law, a presumptive sentence would likely be around 87 months or more for a person with no prior felony record.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Because under many scenarios, such a person could clearly face in excess of 20 years in prison, it is imperative that he retain an experienced criminal lawyer as soon as possible.
    Answer Applies to: Georgia
    Replied: 5/12/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    This is a serious offense with 20 to life a potential sentence. Probation is not an option unless plea bargained to a lesser offense. The penalty varies with the age of the minor and perpetrator if consent is given by the victim. If the victim is under 16 consent does not matter. If the victim is over 16 and the perpetrator under 21 and consent is given the penalty is the least.
    Answer Applies to: Nevada
    Replied: 5/11/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    One would need more information to give you an idea. In any event this is a serious charge and requires an attorney.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    The answer to this question can be complicated - you should probably call an attorney to discuss the details of your particular case. Things to consider are whether the charge is a misdemeanor or a felony. Misdemeanors only carry up to a year in custody, but felonies can carry up to eight years. More if there are several, independent charges of the incident. Other considerations are the age difference between you and the minor, the amount of force or violence, and your criminal history. Remember that a conviction will also carry large fines, restitution to the victim, and lifetime registration as a sex offender.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It depends on the victim's age. Rape in the first degree (victim younger than 12) carries a mandatory minimum of 100 months. Rape in the second degree (victim younger than 14) carries a mandatory minimum of 75 months. Rape in the third degree gets a much shorter guidelines sentence. But there are a lot of different sex offenses for various kinds of contact and with different defenses that might apply, based on the age difference, the defendant's knowledge, and other things, and they all carry different sentences.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    The punishment for sex related crimes against minors in California vary depending on the facts and circumstances of each case. In general. lewd acts upon a child pursuant to Penal Code Section 288 carries a maximum potential sentence of up to eight years in prison. If you are someone you know is being investigated and/or charged with committing a sex-related crime against a minor you must immediately contact an experienced criminal defense attorney to fully evaluate your case in order to really understand the potential consequences. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/11/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends. There are various degrees based upon penetration or no penetration, relationship to the victim, if any diseases were transmitted. They are all felonies. You need to find out what specific charge is being brought against you and discuss the case with an experienced criminal defense lawyer.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The punishment for any crime depends on a great many variables. First and foremost do not assume that there will be any prison time. If you hire an experienced criminal defense attorney you may be able to avoid a conviction and any prison time. For sexual assault, again it depends on how the crime, assuming there is only one, is classified. You should speak to and hire a private criminal defense attorney as soon as possible., The two of you can begin mounting a defense and your own investigation before evidence and witnesses are lost.
    Answer Applies to: Hawaii
    Replied: 5/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is possible to get a life sentence. Although that is not likely, the sentence will be set at a range like "10 years to life" + then the parole board decides things from there.
    Answer Applies to: Colorado
    Replied: 5/11/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You have some serious time potentially. Measure 11 kicks in and it could be anywhere from 70 to much higher depending on the age of the victim and what is alleged as well as the number of counts.
    Answer Applies to: Oregon
    Replied: 5/11/2011
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