Second Degree Sexual Abuse Case Study

Second Degree Sexual Abuse: When determining whether a particular act of sexual abuse was second degree, the first factor is similar to the first factor when determining first degree sexual abuse which is that the offender either engages another individual in a sexual act or somehow causes the other individual to engage in or submit to a sexual act.

However, in second degree sexual abuse, the prosecution has the burden to prove that the offender threatened or induced unreasonable fear or that the offender knew or should have known that the other individual was incapable of either declining participation in the sexual act, was not able to appraise the nature of the conduct or did state that he or she did not wish to engage in the act.

The major difference between the first and second degree sexual abuse is that with first degree sexual abuse, the offender actually plays an active role in rendering the individual unconsciousness, whereas in the second degree sexual abuse, the offender simply takes advantage of the unconscious individual. If an individual is found guilty of second degree sexual abuse in DC, the penalty could be a maximum monetary fine of $200,000 and incarceration for up to a maximum of 20 years.

Third Degree/Fourth Degree Sexual Abuse: With the first and second degree sexual abuse cases there is usually a sexual act

For example, if you had been raped by someone a few years ago, it often takes time to collect all the evidence, speak to witnesses, get police reports and wait for the criminal trial to complete. In addition, many judges may feel that the victim may have suffered post traumatic disorder and suppressed his or her memory, and thus may consider this fact when making a ruling. Hence some judges factor in this time delay and offer the victim additional time for filing a civilian