Sexual abuse is the sexual contact by a person in an impermissible manner. Continuous sexual molestation in the United States is strictly prohibited, and there is a penal code 288 for crimes of touching a child in a sexually appealing manner. Such an offense is also referred to as a lewd act on minors under the age of 14. Most of this cases involve an accusation of fondling or touching a child on their sexual organs. However, one can also be charged even if they never touched the sexual organs of the child. This means that one can be prosecuted if they touch the child over their clothes.
Examples of Sexual Assault
- Sexual exploitation
- Statutory rape
Civil VS. Criminal Court
Civil sexual assault: This involves a person suing the perpetrator to get compensated for the injuries they sustained. In case you are suing or you are being sued for injuries sustained after sexual abuse make sure you have a personal injury attorney in your corner.
Criminal sexual assault: In this case, the district attorney’s office prosecutes a person for crimes of sexual abuse. Therefore, if you are being charged for crimes committed, you need an experienced criminal defense attorney.
Most victims of sexual assault experience difficulties when they are trying to recover their losses. This is because most sex offenders do not have sufficient funds, assets or insurance to cover for the injuries they cause. However, there are exemptions, for example, if there was a person who had the responsibility of reporting the incidence but failed to do so or if the sex offender was a member of a recognized organization. In case you win in the sex abuse case and those involved have the ability to pay, you can be able to cater for all the damages including;
- Loss of the capacity to earn a living
- Treatment expenses
- Suffering and pain that you experienced.
Consequences of Violating Penal Code 288
In case the child who was molested is under the age of 14 years old, the penalties include;
- If there was the use of force, the offender will be imprisoned for a maximum of ten years.
- In case there was molestation of up to three or more times within a span of more than three months, the persona can be imprisoned for up to sixteen years.
- If the molested child was either at the age of fourteen or fifteen and the accused person was more than ten years older, then the offender can be imprisoned for a span of not less than three years.
- If the child is either sixteen or seventeen years old, then the case is regarded as sexual battery or statutory rape.
Some of the Common Defenses to a Penal Code 288
- Perpetrator substitution. This is a case where another adult committed the sexual assault and the child blames the wrong person.
- The contact was accidental and not intended.
- There was a third party that coached the child to make allegations to an innocent person.
- The accuser is mistaken or not telling the truth.
- There was no willful intention to cause arousal.
False Sexual Assault Accusations
Unfortunately, there are many people who are accused falsely of committing sexual abuse. Being accused falsely can cause permanent damage to your family life, reputation, and career. However, you can protect yourself by contacting a professional New York sex criminal defense attorney who is aware of some effective strategies that can expose false allegations.
Victims of Sexual Assault
In case you or your loved one is a victim of sexual exploitation, you should first inform the police and later contact a lawyer to help you preserve your rights. Your attorney will help you to navigate through all the complex legal processes. Many lawyers around the country work on a contingency mode of payment, and you do not have to worry about any initial legal fees.