Federal Sentencing Guidelines for Sex Crimes
In the United States, each state can create its own standards for sentencing convicted sex offenders. However, the federal government provides recommended sentencing guidelines for judges faced with rulings in sexual assault cases.
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Definitions
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Sexual assault is sexual activity initiated through the use of fear or where one participant is either incapable of appraising the nature of the sexual activity or unable to decline the sexual conduct. Sexual assault becomes aggravated sexual assault when the victim is coerced through physical harm or with children as specified by U.S. Code Section 2241.
Base Offense Levels
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Offenses are categorized under federal sentencing guidelines with a 43 level scale, with more severe crimes receiving more points. Sexual assault has a base offense level of 30, although this can vary depending on the physical nature of the victim, the attacker's role in the crime, the attacker's acceptance of responsibility of the crime and the attacker's resistance to law enforcement officials.
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Additional Offense Levels
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After the base offense level, the level increases with certain criterion in cases of aggravated sexual assault. Four levels are added if force or coercion is used upon the victim, two levels are added if the victim was in custody of a correctional facility, two to four levels if the victim sustained injuries, four levels if the victim was abducted and two levels if methods of travel or computers were used in the assault. An additional four levels are added for victims under the age of 12, and an additional two levels are added for victims older than 12 but below the age of consent.
All these criterion can run concurrently in sentencing.
Criminal History Levels
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In addition to the offense level, sentencing is also factored based on a convict's criminal history. Criminal history has six levels to be considered, calculated by a points system determined through Chapter 4, Part A, Section 1, Subsection 1 of the Federal Sentencing Guidelines Manual.
Sentencing Calculations
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The Federal Sentencing Guidelines recommend a minimum sentence of 97 months, or just more than eight years, for those convicted of sexual assault without any additional extenuating circumstances and no criminal record. With additional offense levels and criminal history levels, the punishment can be recommended up to life imprisonment beginning at offense level 40 and a criminal history level of 3.
However, each state might provide less or more severe penalties in its laws in cases that don't cross state lines, as long as they don't violate the cruel and unusual punishment provision specified in the Eighth Amendment of the U.S. Bill of Rights.
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