Sexual abuse is a broad term that encompasses acts of unwanted and/or forced sexual behavior by one person on another. Aggravated sexual abuse falls under the umbrella of sexual abuse and describes a particular type of sexual crime that is punishable by federal law. 

There are three particular offenses connected to aggravated sexual abuse and understanding them can help survivors of this type of abuse get the support they need to reclaim their voices and move forward. 

What Is the Difference Between Sexual Abuse and Aggravated Sexual Abuse?

Sexual abuse refers to unwanted sexual behavior by one person toward another, whereas aggravated sexual abuse refers to a more violent type of sexual abuse, where one person uses violence and/or threats of violence during the sexual assault. Aggravated sexual abuse is legally defined in three ways:

1. Sexual abuse which includes the use of physical force, verbal threats, weapons, and/or physical violence.
2. Sexual abuse on a person who is unconscious, or forcing or threatening someone to take drugs or alcohol to incapacitate them during the abuse. 
3. Sexual abuse on a person whose age is less than 12, or who is at least 12 but less than 16, and at least 4 years younger than the abuser. 

Aggravated sexual abuse also includes threats of public defamation, humiliation, and degradation. Threats include those made directly to the person as well as threats made about the person’s family members and/or loved ones. 

Additionally, aggravated sexual abuse includes factors that increase the severity of the offense, like incapacitation due to disability, nonconsensual drug or alcohol use, or age. It also includes provisions for sexual crimes that involve the use of weapons. 

For example, if person A forces person B to engage in sexual activity and says they will kidnap person B’s child if they do not comply, they have committed an act of sexual battery. Likewise, if person A uses a handgun to compel person B to engage in sexual activity, they have committed an act of sexual battery. 

Are Aggravated Sexual Abuse and Sexual Battery the Same Thing?

No, they are not the same. Sexual battery is defined as nonconsensual oral, anal, or vaginal penetration or union with the sex organ of another, or by any other object. The lack of consent is a primary focus of sexual battery, and certain provisions of the law determine whether a person can give consent based on age and current capabilities. 

Aggravated sexual abuse includes sexual battery, but hones in on more specific factors that make the crime more severe, like the use of a weapon, threats, or the age of the victim. Both sexual battery and aggravated sexual abuse carry strict punishments but aggravated sexual abuse has more severe penalties, up to and including life imprisonment. 

How Do You Know if You Have Suffered Aggravated Sexual Abuse?

Survivors of sexual abuse may not fully understand what has happened to them. It can be difficult to recall the traumatic events that occurred and hard to determine whether or not you have survived aggravated sexual abuse. The answers to the following questions can help determine if aggravated sexual abuse occurred. 

1. Were you old enough to give consent?
2. Did you have the capacity to give consent? If you were under the influence of drugs or alcohol, you may not have been able to give consent. 
3. Did you give consent? Did you willingly and enthusiastically agree to the sexual act?
4. Were boundaries crossed as the sexual act continued? 
5. Were threats made to you or to people you care about?
6. Was physical force involved to force you into a position you did not want to be in?
7. Were weapons shown to you, used on you, or threatened to be used on you?

Answering yes to any of these questions (even number 3) may mean that an aggravated sexual assault has taken place. Even if you initially gave your consent, the situation may have changed and crossed boundaries you were not willing to cross. 

Federal Charges for Aggravated Sexual Abuse

Federal law refers to aggravated sexual abuse as rape. The penalties for this type of abuse are strict. 

• Imprisonment. Abusers convicted of aggravated sexual abuse can expect a mandatory minimum 30-year jail sentence with the possibility of life without parole, depending on the severity of the crime and aggravating factors. 
• Fines. Fees can total hundreds of thousands of dollars depending on how many victims were involved and whether or not the abuser is a repeat offender. 

After time is served, some abusers may be allowed a supervised release, which means they must make regular check-ins with a probation officer, and have significant restrictions on travel and internet use. 

How an Abuser’s Sentence Is Determined

An abuser’s sentence will be determined by several factors. 

1. The severity of their crime. The weapons used, if any, the victim’s age, and the egregiousness of the act play a role in sentencing. 
2. Prior criminal record. An abuser who already has a criminal record may receive a stiffer penalty than a first-time offender. 
3. Accepting responsibility. If an abuser accepts responsibility for their actions and agrees to cooperate, they may be subject to a reduced sentence, but this is not always the case. 

Criminal penalties are necessary, but survivors of aggravated sexual abuse also have the right to sue in a civil case. 

Can You Sue for Aggravated Sexual Abuse?

Yes, a survivor can sue an abuser for aggravated sexual abuse regardless of whether or not the abuser is being charged criminally or is currently involved with a criminal lawsuit. To sue in a civil case, you will need to have adequate evidence to support your claims. This type of evidence can include: 

• Your own testimony. You may be asked to testify in court and recall the events that took place. 
• Witness testimony. Witnesses can include people who saw you in distress, noticed your behavior or the behavior of the perpetrator, or had interactions with the perpetrator about the incident. 
• Medical records. Any medical records that document your injuries or illnesses as a result of the sexual abuse can be used as evidence.
• Forensic evidence. If you had a rape kit at a medical center, the DNA collected can be used in a civil case. 
• Communications between you and the perpetrator. Text messages, phone recordings or messages, and emails are all considered evidence in a civil case. 
• Police reports related to the incident
• CCTV recordings and/or footage
• Prior similar acts. If the perpetrator has a pattern of performing similar acts it may be used to help support your case. 
• Character witnesses. Character witnesses that can attest to your character and/or the character of the accused can be beneficial in establishing evidence.
• Expert testimony. Experts may be called in to testify on your behalf to establish the validity of the abuse you survived. 

It can be overwhelming to think of collecting this information yourself, which is why the assistance of a compassionate, experienced attorney can be helpful. An attorney can assist you by handling all aspects of your civil court case, easing the burden of recalling the event and contacting individuals who might have information relating to it.

Survivors’ Rights in Aggravated Sexual Abuse Cases

As a survivor of aggravated sexual abuse, it can feel as though your rights have been stripped from you. The process of reclaiming your voice takes time, and understanding your rights can help you feel empowered to fight back. 

Should you choose to pursue a charge against your perpetrator, you have the right to be treated fairly, with respect, and with dignity throughout the due process of the case. You also have the right to live free from harassment, intimidation, and abuse from any party connected to the case, including opposing parties and their legal team. 

Finally, you have the right to be protected from the accused and anyone acting on behalf of the accused. If you feel at any time your rights are being violated, it is important to contact the proper authorities (like the police or the court) immediately. 

Court Cases Involving Aggravated Sexual Abuse

Numerous court cases each year help survivors of aggravated sexual abuse receive compensation for their abuse and punish their perpetrators. 

One case, R v. Cuerrier, involved a man who tested positive for HIV but had sexual relations with two women after his diagnosis. He did not disclose his diagnosis with these women nor did he use a condom. He was charged with aggravated sexual assault because the court ruled he gained consent from the women through fraudulent means. 

Another similar case involved a professional athlete who also tested positive for HIV and failed to let his partners know of his HIV status. The judge in this case also charged the perpetrator with aggravated sexual assault because he did not disclose his HIV status or wear a condom with his victims. 

Effects of Sexual Abuse on Victims

Aggravated sexual abuse is damaging to the survivors. It can take a long time for survivors to recover, and they may be left with illnesses and disorders that last a lifetime. 

Sexual Disorders

When a person is abused, they may have a hard time adjusting to healthy and consensual sexual intercourse as a result. Sexual desire is often impacted, with a person finding they no longer have an interest in sex, and arousal and orgasm may also be harder to achieve. If physical trauma has occurred, a person may develop pain that makes it hard for them to comfortably have sex. 

Additionally, physical disorders like chronic vaginitis and chronic pelvic pain may occur. A trusted healthcare professional is needed to diagnose these issues, but many survivors of sexual abuse avoid medical care due to uncomfortable feelings surrounding the incident. 

Depression

Depression is a common side effect of aggravated sexual abuse. This type of violation can leave a person with unexplained feelings of guilt and shame, though they had nothing to do with and could not have prevented the crime.

Survivors may also feel alone and may have been threatened that they could not tell anyone about what happened. Aggravated sexual abuse may make a survivor feel scared in their surroundings, leaving them feeling reclusive and causing them to isolate. 

Post-Traumatic Stress Disorder

All sexual abuse carries the possibility of the survivor developing post-traumatic stress disorder, or PTSD, however, aggravated sexual abuse may lead to PTSD due to the violent aspect it carries with it. Survivors who develop PTSD are at a higher risk of developing alcohol and drug use disorders and suffering from anxiety and depression. 

PTSD is real and can be debilitating for people who suffer from it. If you are a survivor of sexual abuse, there are resources available to you to help you recover and move forward with your life. One way to reclaim your voice is to reach out to a compassionate sexual abuse attorney to help you with a civil case against your abuser. 

We Help Aggravated Sexual Abuse Survivors

At Edwards Henderson, we make it our goal to support survivors and give them the assistance they need to bring their abusers to justice. We take causes, not cases, and fully commit to each client the same time and attention we would give to a close family member who has just survived a traumatic event. 

Whether or not to file a lawsuit against your abuser is an entirely personal decision, and we can offer guidance to you about your situation and how filing a suit may help you feel more empowered. Often, survivors feel a sense of peace and relief when their abusers are brought to justice.

If you are wondering if you should sue your abuser or if you have the option to do so, contact our office for a consultation. We can meet with you privately and discuss your case with empathy so you can make the decision that is best for you. You have survived the abuse; now, you deserve the chance to be heard and to step back into the life you love.