Ch7. Sexual Offenses and Domestic Violence

Sexual Assault Offenses

Rape / Sexual Assault:
Traditional common law: carnal knowledge of a woman
  by force and against her will.
Modern reform statutes: gender-neutral; cover all forms
  of non-consensual sexual penetration by force, threat,
  or incapacitation.
MPC § 213.1: rape = sexual intercourse by force or
  threat, or with a person who is unconscious/
  substantially impaired.

Federal Sexual Abuse (18 U.S.C. §§ 2241–2248):
Aggravated sexual abuse: by force or threat of death/SBH.
  Penalty: up to life imprisonment.
Sexual abuse: by rendering victim unconscious or
  administering an intoxicant.
Sexual contact: sexual touching without consent.

Affirmative Consent Standard (state trend):
Many states (CA, NY, IL, etc.) have adopted
  affirmative consent ("yes means yes") for campus
  disciplinary proceedings; some extend to criminal law.

Rape Shield Laws:
FRE 412; all states have analogues.
Victim's prior sexual behavior generally inadmissible
  to prove consent or attack credibility.

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Statutory Rape and Related Offenses

Statutory Rape:
Sexual intercourse with a person below the age of
  consent, regardless of actual consent.
Age of consent: varies by state (16, 17, or 18).
Federal: 18 U.S.C. § 2243 — sexual abuse of a minor
  (between 12 and 16, perpetrator ≥4 years older).

Aggravated Child Sexual Abuse (18 U.S.C. § 2241(c)):
Sexual act with a child under 12 years old.
Penalty: not less than 30 years.

Child Pornography (18 U.S.C. §§ 2252–2256):
Production, distribution, receipt, and possession
  of child sexual abuse material (CSAM).
Mandatory minimum: 5–30 years depending on offense.
No statute of limitations for production/distribution.

FOSTA-SESTA (2018):
Fight Online Sex Trafficking Act / Stop Enabling Sex
  Traffickers Act.
Platforms may be liable for facilitating sex trafficking.
Criminalizes promotion of prostitution that results in
  sex trafficking (18 U.S.C. § 2421A).

Digital Sex Crimes:
Non-consensual intimate image sharing ("revenge porn"):
  38+ states have criminal statutes; varies in penalty.
Cyber harassment / sextortion: 18 U.S.C. § 875 (threats);
  state stalking laws.

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Domestic Violence and Stalking

Violence Against Women Act (VAWA — 34 U.S.C. § 12291 et seq.):
Federal funding for DV services; civil rights remedy
  (later struck down in US v. Morrison, 2000) replaced
  by state enforcement.
Firearm prohibition for DV misdemeanants (18 U.S.C.
  § 922(g)(9) — Lautenberg Amendment).
Interstate DV / violation of protective orders:
  18 U.S.C. § 2261 — federal felony.

Domestic Violence:
All 50 states have criminal DV statutes covering:
  physical abuse, sexual abuse, emotional abuse,
  financial control, stalking.
Mandatory arrest policies in many states.
No-contact/protective orders: violation = separate crime.

Federal Stalking (18 U.S.C. § 2261A):
Traveling in interstate/foreign commerce to stalk.
Using mail, internet, or electronic communications
  to engage in a course of conduct that causes
  substantial emotional distress or reasonable fear
  of serious bodily injury or death.
Penalty: up to 5 years; up to life if death results.

State Stalking Laws:
All 50 states + DC have anti-stalking statutes.
Typically require: course of conduct (2+ acts) + causing
  reasonable fear + intent to cause fear.

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Special Provisions for Sex Offenses

Statute of Limitations:
Federal child sex abuse: no statute of limitations
  (CIPA — 18 U.S.C. § 3299; effective 2003).
Many states have eliminated or extended SOL for
  childhood sexual abuse claims (civil and criminal).

Sex Offender Registration and Notification Act (SORNA —
  34 U.S.C. § 20901 et seq.):
Tier I–III classification by offense.
Registration for 15 years–lifetime.
National Sex Offender Public Website (NSOPW).
In-person registration; travel reporting requirements.
Employment and residency restrictions.

Victim Protections:
Rape Shield Laws (FRE 412).
Closed-circuit testimony / video depositions for minor
  victims (18 U.S.C. § 3509).
SANE (Sexual Assault Nurse Examiner) programs.
Victim advocates; confidentiality protections.

Voluntary Intoxication by Perpetrator:
No diminished-capacity defense based on self-induced
  intoxication for sexual offenses in most states.
Post-2019 federal and state reforms limit ability to
  use voluntary intoxication to negate specific intent
  for serious violent or sexual crimes.

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Key Concept Cards

Age of Consent and Statutory Rape ★★★★★ : Age of consent varies by state (16–18). Under 12 = aggravated federal offense (30-year mandatory minimum). Consent is legally irrelevant below the age of consent. Memory tip: No consent defense below age of consent; federal floor = under 12.

SORNA Tier Registration ★★★★★ : Tier I = 15 years. Tier II = 25 years. Tier III = lifetime registration. Based on offense severity. Memory tip: SORNA tiers = I/15, II/25, III/life.

Federal Stalking = Interstate Element ★★★★☆ : Federal stalking requires crossing state lines or using interstate communications. State stalking laws cover purely intrastate conduct. Memory tip: Federal stalking = interstate; state stalking = local.

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Practice Quiz

Q. Why is “quasi-rape” (sexual assault of an incapacitated person) treated the same as forcible rape?

An incapacitated victim — whether unconscious, heavily intoxicated, or asleep — lacks the capacity to consent. The absence of consent is the same moral and legal wrong as consent obtained through force or threats. Modern statutory rape reforms explicitly cover incapacitation-based assault with the same penalties as forcible sexual assault, because the violation of the victim’s autonomy and dignity is identical regardless of whether force was applied.

Q. Why does federal law criminalize possession of child sexual abuse material (CSAM)?

Every act of viewing or possessing CSAM creates new harm to the victim by perpetuating the market that drives production. The Supreme Court upheld CSAM possession laws in Osborne v. Ohio (1990), distinguishing CSAM from the protection afforded to obscenity, because the government’s compelling interest in protecting children outweighs any First Amendment concern. Possession offenses address the demand side of the exploitation chain.