What is Second-Degree Sexual Assault?
Second-degree assault is a term used to define certain types of nonconsensual sexual contact. This criminal charge typically involves cases in which the power dynamic between an adult perpetrator and an adult victim is considered unequal at the time of the crime or when the sexual contact resulted in injury to the victim. This could include a situation in which an adult victim could not give consent because of physical or mental incapacitation.
- Second degree sexual assault is a specific criminal charge in some jurisdictions across the United States
- The legal definition and penalties for second degree sexual assault varies by state
- If you believe you are a victim of sexual assault or abuse, you have legal rights and options
Sexual assault, as defined by RAINN, is “sexual contact or behavior that occurs without the explicit consent of the victim.”
In terms of the law, there can be varying degrees of sexual assault, such as first-degree or second-degree sexual assault.
Second-degree sexual assault typically involves an adult victim who could not give consent because of physical or mental incapacitations or an imbalance of power between the perpetrator and the victim. If you or someone you care about has recently been a victim of sexual assault, it’s important to know what qualifies as second-degree sexual assault.
Since sexual assault is a crime charged at the state level, legal definitions and penalties will vary by state. What constitutes second-degree sexual assault will depend on many factors, including:
- The state where the crime was committed
- The defendant’s previous criminal history
- The impact the crime has on the victim and their family members
- The physical and mental capacity of the victim during the crime
Elements of Second-Degree Sexual Assault
When it’s determined that an adult victim of sexual assault was unable to give consent because of physical or mental incapacitation at the time of the crime or if there was an imbalance of power between the defendant and the victim, the perpetrator will most likely be charged with second-degree sexual assault. Examples might include an adult victim who:
- Was under the influence of drugs or alcohol
- Has a developmental disability, mental disorder, or chemical dependence issue
- Was assaulted by a person in a caregiving role at the time of the assault, such as a client or patient of a health care provider
- Was assaulted by a person in a position of authority over them, such as an incarcerated individual being assaulted by a guard
- Was assaulted by a person in a position of trust, such as a teacher
- Is considered elderly or physically vulnerable
- Sustained physical injuries as a result of the assault
While a second-degree sexual assault can involve physical force, perpetrators may also use threats, coercion, blackmail, manipulation, and intimidation to overpower their victims. Agreeing to sexual activities in order to obtain basic needs like shelter, food, or clothing is not consent. Likewise, a perpetrator who threatens to hurt a victim’s family members in order to coerce them into sexual contact is guilty of sexual assault.
Penalties for second-degree sexual assault include long prison sentences and heavy monetary fines. In most states, second-degree sexual assault is a Class A felony, which can receive a sentence of up to life in prison, depending on the circumstances of the case.
- Elements of Second-Degree Sexual Assault
- If you are not sure where to turn, RAINN can help.
- Myths Surrounding Second-Degree Sexual Assault
- How are sexual assault charges determined?
- Statutes of Limitations for Second-Degree Sexual Assault
- What You Can Do If You’ve Been Sexually Assaulted
- Want To Speak With A Lawyer?
If you are not sure where to turn, RAINN can help.
Call 800-656-HOPE (4673) to talk confidentially with a trained professional from RAINN.
They can put you in touch with local resources and organizations that can help in your healing journey.
Second-Degree Sexual Assault
Second-degree sexual assault doesn’t have to include intercourse or penetration to be a crime. The Federal Bureau of Investigation defines rape as the “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by the sex organ of another person without the consent of the victim.”
Although rape is a form of second-degree sexual assault, not all sexual assault cases involve rape. Attempted rape, unwanted sexual touching or fondling of intimate parts of a person’s body, and forced sodomy with an object are all considered sexual assault.
Anyone can be a perpetrator of sexual assault, just like anyone can be a victim, but most sexual assaults are committed by someone the victim knows, such as an intimate partner, family member, or acquaintance. The Rape, Abuse, & Incest National Network estimates that 80 percent of sexual assault cases are committed by a person already known to the victim. Being in a current or past intimate relationship with a perpetrator of sexual assault does not qualify as consent for sexual activity. A victim of sexual assault is never responsible for these acts.
How are Sexual Assault Charges Determined?
State legislatures use degrees of crimes designations to describe the severity of sex crimes committed in their states. These designations help judges determine sentencing penalties for individuals convicted of sexual assault.
Most cases of first and second-degree sexual assault, which are reserved for the most serious criminal offenses and carry the harshest consequences. The National District Attorneys Association gives a state-by-state comparison of statutes that address sexual assault charges.
First-degree sexual assault: Sex crimes involving sexual penetration of a victim’s body and those committed against minors typically receive a classification of first-degree sexual assault and carry the stiffest penalties a state can impose. This is also true when sexual assault is committed in conjunction with other felonies, such as kidnapping, unlawful restraint, or murder.
Second-degree sexual assault: Nonconsensual sexual encounters will often be charged in the second degree when the balance of power is unequal due to an adult victim’s physical, mental, or psychological limitations or when the attack resulted in injury to the victim.
Third-degree sexual assault: This misdemeanor charge is often used when consent between two adults is in question or when the victim wasn’t physically injured.
Statutes of Limitations for Second-Degree Sexual Assault
The amount of time that a victim has to press charges for second-degree sexual assault is called the statute of limitations and is determined by individual states. In some states, the statute of limitations begins from the date that the crime occurred, with a period of three years after.
Other states may begin the statute of limitations period on the date an assault was reported to law enforcement. If the victim waited a significant length of time between the assault and reporting it, there may be a shorter statute of limitations.
In some cases, state legislatures have eliminated the statute of limitations for felony sexual assault crimes, especially when the victim is a vulnerable adult. This allows victims and their families to press charges against perpetrators years or decades after a crime was committed.
If you have questions about the statute of limitations for second-degree sexual assault in your state, it’s a good idea to consult a sexual assault victim’s advocate or an attorney who specializes in criminal cases in your area. They will give you specific information as it pertains to your situation and state, guide you on any statutes of limitations that apply to your case, and help you take the next steps to move forward in the legal process.
What You Can Do If You've Been Sexually Assaulted
Undergo a Medical Examination
Being examined by a medical professional within 72 hours of a sexual assault can ensure that you receive treatment for injuries you may have sustained and can also help prevent diseases or future complications. Even if you aren’t sure yet whether you want to press charges, the evidence collected as part of a rape kit can be used later to hold your attacker legally responsible.
You can contact the National Sexual Assault Hotline to talk to an advocate who can connect you to a nearby medical facility that is trained to provide care for sexual assault victims.
In order to allow DNA, blood, hair, and semen to be collected as evidence, it’s recommended that you avoid showering, using the bathroom, brushing your hair, or changing clothes until after you’ve been examined.
It’s important to note that even if you have a sexual assault exam performed, you do not have to report the assault to the police or press charges.
Survivors of sexual assault may suffer from depression, anxiety, and post-traumatic stress. Talk to a trusted friend or family member and consider getting help from a professional therapist who specializes in working with survivors of sexual assault. You can also call the National Sexual Assault Hotline and speak to a trained operator who will connect you with resources in your area and provide information on the options available to you from reporting to seeking mental health resources.
Explore Legal Options
There are many factors that may prevent sexual assault survivors from reporting a crime. You might be worried that others won’t believe you or that it will be too difficult to relive the traumatic experience. If you know your abuser, you may feel shame or embarrassment at the thought of confronting them in court.
Many survivors find that choosing to take legal action helps them feel empowered and regain the control that was taken during the assault. If you choose to report the assault, you can do so at your local law enforcement agency, either in-person or over the phone. Many of them employ officers who are trained to handle sexual assault cases with compassion and help survivors navigate the legal system.