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What is sexual assault 1st degree arkansas

2015 Arkansas Code
Title 5 – Criminal Offenses
Subtitle 2 – Offenses Against The Person
Chapter 14 – Sexual Offenses
Subchapter 1 – General Provisions
§ 5-14-124 – Sexual assault in the first degree.

(a) A person commits sexual assault in the first degree if:

(1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor’s spouse and the actor is:

(A) Employed with the Department of Correction, the Department of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Department of Correction, the Department of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;

(B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

(C) An employee in the victim’s school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or

(2) The person is a teacher, principal, athletic coach, or counselor in a public or private school in kindergarten through grade twelve (K-12) and the actor:

(A) Engages in sexual intercourse or deviate sexual activity with a person who is not the actor’s spouse and the victim is:

(i) Less than twenty-one (21) years of age; and

(ii) A student enrolled in the public or private school employing the actor; and

(B) Is in a position of trust or authority over the victim and uses his or her position of trust or authority over the victim to engage in sexual intercourse or deviate sexual activity.

(b) It is no defense to a prosecution under this section that the victim consented to the conduct.

(c) It is an affirmative defense to a prosecution under subdivision (a)(1)(C) of this section that the actor was not more than three (3) years older than the victim.

(d) Sexual assault in the first degree is a Class A felony.

    (1) The person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor’s spouse and the actor is:

  • (A) Employed with the Division of Correction, the Division of Community Correction, the Department of Human Services, or any city or county jail or a juvenile detention facility, and the victim is in the custody of the Division of Correction, the Division of Community Correction, the Department of Human Services, any city or county jail or juvenile detention facility, or their contractors or agents;

  • (B) Employed by or contracted with the Division of Community Correction, a local law enforcement agency, a court, or a local government and the actor is supervising the minor while the minor is on probation or parole or for any other court-ordered reason;

  • (C) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity; or

  • (D) An employee in the victim’s school or school district, a temporary caretaker, or a person in a position of trust or authority over the victim; or

Sexual assault is an umbrella term that refers to any crime in which the offender subjects the victim to unwanted sexual activity. Some examples of sexual assault include inappropriate touching, rape, attempted rape, and child molestation. Sexual assault is illegal in every state, however, each state individually defines which specific acts qualify as sexual assault within that state.

In Arkansas, the crime of sexual assault is broken down into four degrees. Examples of crimes that fall into the different degrees of sexual assault are outlined below.

First-degree sexual assault: Class A felony.

  • For example, engaging in sexual intercourse or deviate sexual activity with a minor who isn’t the offender’s spouse and the offender is employed by the Department of Correction and the victim is in the department’s custody.

Second-degree sexual assault: Class B felony.

  • For example, engaging in sexual contact with another person by forcible compulsion.

Third-degree sexual assault: Class C felony.

  • For example, being a minor and engaging in sexual intercourse or deviate sexual activity with someone who is less than 14 years old and who isn’t the offender’s spouse.

Fourth-degree sexual assault: Class D felony.

  • For example, an offender who is 20 years old or older and engages in sexual intercourse or deviate sexual activity with a victim who is less than 16 years old and who isn’t the offender’s spouse.

Rape

Rape is a particularly serious type of sexual assault. Every state criminalizes rape and the act is generally defined as non-consensual sexual intercourse committed by physical force, threat of force, or by some other form of duress. The following chart highlights Arkansas’ rape laws.

Code Section

Arkansas Code section 5-14-103: Rape

What’s Prohibited?

Engaging in sexual intercourse or deviate sexual activity with another person:

  • By forcible compulsion
  • Who isn’t able to consent due to being physical helpless, mentally defective, or mentally incapacitated
  • Who is less than 14 years old, or
  • Who is a minor and the offender is the victim’s guardian, uncle, aunt, grandparent, step-grandparent, grandparent by adoption, brother or sister, nephew, niece, or first cousin

Definition of “Sexual Intercourse”

 

Penetration (no matter how slight) of the labia majora by a penis.

Definition of “Deviate Sexual Activity”

 

Any act of sexual gratification involving:

  • Penetration of the anus or mouth of a person by the penis of another person, or
  • Penetration of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person

Penalties

Class Y felony. Punishable by imprisonment for 10-40 years, or by life in prison.

Additional Resources

State laws change frequently. For case specific information regarding Arkansas’ rape and sexual assault laws contact a local sex crime lawyer or criminal defense attorney.

Rape and sexual assault are (simply put) improper sexual intercourse, activity, and/or contact between a person and another person. Since there are so many levels of sexual offenses in Arkansas, what a person is charged with usually depends on the level of contact. 

Rape generally refers to engaging in sexual intercourse or activity with a person who did not or was not capable of giving consent due to age or mental/physical condition. Consent is not available as a defense if a person is under a certain age, is related to the accused, or if the accused is in a position of trust or authority over the person. 

Rape is a Class Y felony that can come with 10 to 40 years or life in prison. If the alleged victim is younger than 14 at the time of the allegations, that can be bumped up to 25 to 40 years or life. If a person is given a number of years in prison (not life), they will have to serve at least 70% of the sentence before being considered for parole.

These cases can get really sticky, so it’s critical to call a sexual assault defense attorney the moment you hear of even the possibility of allegations against you. 

Sexual assault- first degree – Arkansas Sexual Assault Laws

In Arkansas, the criminal charge of Sexual assault- first degree is classified as a Class A felony.

Sexual assault- first degree Crime & Punishment in Arkansas :

The Arkansas code § 5-14-124 defines one degrees of the crime sexual assault- first degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Sexual assault- first degree – Charge Description Punishment Class A felony
6-30 years; up to $15,000 fine

Sexual assault- first degree defined in other states :

Sexual assault- first degree is a charge in a total of six other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s) Hawaii Class A felony Up to 20 years in jail Nebraska Class II felony Second offense: minimum sentence of 25years without parole.; 3 to 50 years based on personal injury; 3 year mandatoryminimum; second offense: minimum sentence of 25years without parole Rhode Island Felony West Virginia Felony 15-35 years in in a state correctional facility, and/or a maximum fine of $10,000 Wisconsin Class B felony Maximum of 66 years in prison Wyoming Felony 5-50 years in prison

Back to list of Arkansas laws

Any type of sexual abuse is devastating for the victim. The effects of child sexual abuse as well as adult sexual abuse last for years, and victims often require the help of a professional to help them get through this horrible experience. In many instances, sexual abuse occurs at some of the institutions we trust the most, such as schools or even churches.

If you or someone close to you has suffered sexual abuse, an attorney with Baron & Budd may be able to help you obtain compensation for the suffering you have experienced.

What is Sexual Abuse?

The term “sexual abuse” can cover many things. It basically refers to any type of crime in which a victim is subjected to any sort of unwanted sexual act. It could be child molestation, inappropriate touching, attempted rape or something else.

In Arkansas, there are four degrees of sexual assault, and all of them are considered felonies.

  • First-degree sexual assault – This is when someone in a position of authority, such as a Department of Corrections employee or a teacher, uses that position to engage in inappropriate sexual activity with someone 21 years or younger.
  • Second-degree sexual assault – An example of this is forcibly compelling someone to submit to sexual contact.
  • Third-degree sexual assault – Third-degree sexual assault occurs when a minor engages in inappropriate sexual activity so someone younger than 14 who is not their spouse.
  • Fourth-degree sexual assault – This occurs when someone 20 years of age or older has inappropriate sexual relations with a victim who is younger than 16 who is not their spouse.

The penalties for sexual assault in Arkansas can vary greatly, ranging from a misdemeanor to several years in prison and thousands of dollars in fines. Rape is considered a particularly heinous form of sexual assault. It is punishable by 10-40 years or life in prison.

Examples of Sexual Abuse in Arkansas

Unfortunately, Arkansas is not immune to cases involving institutional sexual abuse. Here are just a few examples.

  • A Centeron man working as a volunteer at First Baptist Church was arrested and charged with first-degree sexual assault in January 2019. He was accused of having a sexual relationship with a 17-year-old Bentonville girl.
  • A Waldron assistant middle school principal was arrested in in August 2018 for sexually assaulting a 16-year-old student. According to police, the suspect said she told them she had sex with the student on several occasions. She faced five counts of Sexual Assault in the 1st Degree.
  • Arkansas is also not immune to the tragedy of priests accused of sexual abuse. In October 2018, the Roman Catholic Diocese of Little Rock announced it had received 26 more reports of child sexual abuse allegedly committed by priests.

Contact Baron & Budd

Please get in touch with Baron & Budd if you or a loved one has been the victim of sexual abuse committed by someone affiliated with a school, a church or some other type of institution. Contact us online or call for a confidential consultation.

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