About U.S. Federal Sentencing Guidelines for Rape
Every year approximately 90,000 women, or 29 in every 100,000, are raped in the United States. This is a marked decrease in comparison to before the introduction of U.S. Federal Sentencing Guidelines. Although most rape cases are under the jurisdiction of state rather than federal courts, in cases of sexual assault that are under the jurisdiction of the Federal government, U.S. Federal Sentencing Guidelines apply.
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Base Offense Levels
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U.S Federal Sentencing Guidelines are made by the U.S. Federal Sentencing Guideline Commission and are based on two major factors: 43 levels of severity of a crime known as "Base Offense Levels," and the defendant's criminal history.
Standard Criminal Sexual Abuse
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The sentencing guideline in cases of criminal sexual abuse is placed at base offense level 30, meaning a minimum sentence of 97 months imprisonment and a maximum sentence of 210 months imprisonment if convicted.
In cases of aggravated sexual abuse as defined by Title 18, Section 2241 of U.S. Code, the base offense level jumps to 38, increasing the standard sentencing guidelines from anywhere between 235 months imprisonment all the way up to a life sentence.
The base sentence is also increased by four levels if the victim was abducted, sustained life threatening injury, or was younger than the age of 12. If the victim sustained non-life threatening injury, the base offense level increases by two to three levels. If the victim was under the care of a correctional facility, or was coerced to travel or was coerced through a computer, the base offense level is increased by two levels.
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Criminal Sexual Abuse of Minors
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In cases of statutory rape, or rape of a minor younger than 16, the defendant is charged with two separate charges: one charge of criminal sexual abuse and another charge of criminal sexual abuse of a minor.
The specific charge for statutory rape holds a standard offense level of 18, which holds recommended sentences between 27 and 71 months in jail. Combined with the initial charge of sexual abuse, this can provide an overall sentence period between 124 and 284 months imprisonment.
Using a false identity raises the base offense by four levels and using a computer to coerce the victim raises the base offense by two levels.
If the victim was under the care of the defendant, an additional four levels are added to the base offense in addition to a separate charge with a separate base offense of 14.
Abusive Sexual Contact
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Abusive sexual contact is described by Title 18 Section 2246 as "intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person."
The base offense level for abusive sexual contact is 12, which can bring a sentence ranging from 10 to 37 months in prison, with aggravated abusive sexual contact beginning at a base offense of 20 and being put as a separate charge with a base offense level of 16 if in concert with criminal sexual abuse.
Extenuating Factors
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As with all federal crimes, the base offense level can be raised or lowered depending on other extenuating circumstances relating to the victim, defendant, law enforcement officials involved, and the situation as a whole.
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