What is a Sexual Act?
In the District of Columbia, the Code states that a sexual act has taken place if the following events occur:
1. There is penetration, even minor, of the vulva or anus of another individual, by a penis.
2. If there is contact between the penis and mouth, the vulva and the mouth or the anus …show more content…
and the mouth.
3. There is penetration, even minor, of the vulva or the anus by the finger or a hand or any inanimate object, with intent to humiliate, abuse, degrade, harass, gratify or arouse the sexual desire of any individual.
In addition, the DC Code defines ‘sexual contact’ as touching with any unclothed or clothed body part or any object, either indirectly or directly or through the clothing of the anus, genitals, breast, groin, buttocks or inner thigh of any individual with an intent to humiliate, abuse, arouse, degrade or gratify the sexual desire of another individual.
Of the four categories of sexual abuse, the first degree charge is the most serious and the fourth degree is the least serious.
First Degree Sexual Abuse: In Washington, DC there are two key factors that help determine whether a particular sexual offense can be classified as first degree sexual abuse. The first factor is the requirement that the individual either engages another individual in a sexual act or somehow causes the other individual to participate in or engage in a sexual act. The second factor address exactly how this sexual act transpires. It could be that the offender used actual physical force against the other individual. It could be that the offender threatened the other person by inducing fear so that if he or she did not submit, the victim would be subjected to bodily harm/injury, kidnapping or death. This reasoning also covers broader threats - for example if the offender threatens to harm, hurt or kill a family member if the victim does not submit to the sex act. First degree sexual abuse also includes date rape. For example, if the victim is rendered unconscious either by force or by use of any intoxicant (drug, alcohol) thus impairing the mental status and capability of the victim or impairing the individual's ability to control his or her
conduct.
For first degree sexual abuse in DC, a guilty verdict carries a fine of up to $250,000 and a maximum prison sentence of 30 years. In many cases, if the victim suffered serious bodily harm, the prosecutor may request for a life sentence.