Texarkana Sexual Assault Attorneys

Sexual Misconduct: Penalties & Convictions

Sexual misconduct is an offense that carries heavy penalties. Arkansas’ definition of sexual misconduct encompasses lewd acts performed on another person, oral sexual activity, sexual intercourse, and child molestation. Arkansas is particularly strict when it comes to these cases.

Are you facing sexual misconduct or sexual assault charges? Contact Potter Law Firm to speak with one of our lawyers! Schedule your consultation today.

First-Degree Sexual Assault

In Arkansas, sexual conduct that involves force or violence is classified as rape. Additionally, knowingly infecting a sexual partner with HIV can be considered sexual assault. Although HIV is primarily transmitted through sexual contact, it can also be transmitted by other means, such as sharing dirty drug paraphernalia.

A person can be convicted of first-degree sexual assault in Arkansas if the victim is 14 or younger, 20 or under and enrolled in a high school, an employee or inmate in a correctional facility, a patient in a hospital, a pharmaceutical assistant, an employee of a facility where you receive outpatient mental-health services, a doctor or nurse examining you, a commercial cycling team member, or a minor-related family member, regardless if he/she gives their consent.

People may also be convicted of first-degree sexual assault if they commit the offense:

• Purposely and without the consent of the victim;
• Purposely and the victim is unable to consent due to having a mental disease or defect;
• Purposely and the victim is unable to consent because he or she is mentally/physically helpless or incapacitated;
• Purposely and uses the threat of force or violence to overcome the victim;
• Purposely and has a legal obligation to prevent the sexual assault but intentionally fails to fulfill the obligation.

If convicted of first-degree sexual assault, the defendant could serve:

• From 6 years to 30 years in jail/prison with no parole;
• Life in jail/prison with the possibility for parole;
• Life in jail/prison without parole.

Second-Degree Sexual Assault in Arkansas

Arkansas’ laws on second- and third-degree sexual assault reflect an understanding of the concept of statutory elasticity as well. The key distinction between these two offenses is the degree of force or violence involved. Recognizing that there may be a spurious distinction between first- and second-degree sexual assault because force or violence is sometimes intimidated, Arkansas defined second-degree sexual assault as occurring when the alleged victim does not provide effective consent. This intent to make use of rape and its derivative crimes more gender-neutral still provides for a defense based on situations in which the individual making the allegations is regarded as being incapable of providing effective consent. As is the case with first-degree sexual assault, second-degree sexual assault punishes either a single act or recurring acts governed by various intent provisions.

Unlike the easier-to-prove and lesser-punished third-degree statute-based equivalent of sexual assault, second-degree sexual assault can be this more serious felony characterized by careless or negligent acts business with evidence intended conduct.

Because effective consent offered by the alleged victim is dispositive to a defense to an accusation of second-degree sexual assault, the state legislature had to address the issue of when effective consent existing or the language describing second-degree sexual assault would be so broad as to invite constitutional scrutiny and a challenge based on impermissibly vague language. The Arkansas legislature sought to balance the competing public policy objectives of recognizing the individual’s autonomy in consensual conduct while adequately addressing sexual misconduct.

As a result, Arkansas decriminalized numerous forms of sexual conduct by simply raising the legal age of consent, making the act impossible to prove when a qualifying consensual relationship can be established. In this endeavor to use the concept of statutory elasticity in a manner consistent with constitutional principles, the legislature at times enacted statutes of two so-called newer crimes modeled in key aspects after statutory rape laws. These offenses are sexual assault of a minor in the first degree and sexual assault of a minor in the second degree.

Because these statutes were relatively new and represented legislative attempts to adapt to changing societal norms, applying the jurisprudential strides in refining existing substantive criminal law concepts by the Arkansas Supreme Court to new legislative initiatives in criminal law proved a challenging task in defining elements of the crimes. The Supreme Court, through written opinions delivered on appeal from sexual assault convictions, has worked to provide clarity when warranted, while interpreting these relatively new crimes in a practical and meaningful way that upholds the integrity of the criminal law process.

In Arkansas, a person may be convicted of sexual assault in the second degree if they commit a sexual assault act against someone 18 years of age or older without the effective consent.

People may also be convicted of second-degree sexual assault if they commit the offense:

Carelessly and causes injury to the victim;


 

If convicted of sexual assault in the second degree, the defendant could serve:

• Up to 20 years in prison;
• A fine of up to $15,000, or both.

In-Depth Understanding of Sex Crimes

As we noted earlier, sexual misconduct is a serious offense in Arkansas. If you’re facing charges, turn to no one but our sexual misconduct lawyers. We at Potter Law Firm have the knowledge and skill to carefully analyze your case and determine the most appropriate legal courses of action on your behalf. When you choose to seek our legal representation, we’ll go the extra mile in pursuit of a resolution that sees your charges alleviated or even dismissed.

Are you facing sexual misconduct or sexual assault charges? Contact Potter Law Firm to speak with one of our lawyers! Schedule your consultation today.