Sexual abuse is defined as any sexual act that has the intent to do the following to another individual:
- Abuse;
- Humiliate;
- Harass; or
- Degrade.
The state laws that govern criminal sexual abuse may vary according to whether the victim of the sexual abuse is an adult or is a minor. Child sexual abuse is typically referred to as child molestation.
Adult sexual abuse is typical referred to as rape or aggravated sexual assault. An individual commits sexual abuse if they cause another individual to engage in any sexual act by threatening or causing fear in that individual or engage in a sexual act with another individual who is not capable of comprehending the exact nature of the conduct or is physically incapable of communicating their unwillingness to engage in a sexual act.
Sexual assault is any sexual activity which occurs without consent of all of the parties involved. Sexual assault is a crime in each state in the United States and the laws forbid any sexual activity with any individual who is unable to consent.
Certain individuals are considered to be unable to consent to sexual activities, including:
- Mentally ill individuals;
- Children under the age of eighteen, or
- Individuals who are intoxicated.
There are several acts which constitute sexual assault including but not limited to:
- Rape;
- Molestation;
- Forced sodomy; and
- Incest.
In certain states, such as Texas, the term sexual abuse is used to describe criminal acts involving sexual conduct against children. Sexual assault is a term that is generally used to described criminal acts of sexual conduct against adults.
The majority of states define incest as sexual relations which are engaged in with a close family member. An individual commits incest when they engage in sexually inappropriate acts with a family member or with an extended family member.
This type of conduct typically occurs when a perpetrator abuses their authority or an ongoing emotional bond with a relative in order to accomplish the conduct. Who is considered a close family member may vary by state but typically includes:
- Parents;
- Grandparents;
- Siblings;
- Aunts and uncles; and
- Nieces and nephews.
Aggravated sexual abuse occurs when an individual uses force against a victim or threatens the victim which causes them to fear:
- Death;
- Serious bodily injury; or
- Kidnapping.
This form of abuse may occur when an individual knowing renders a victim unconscious then engages in sexual acts. Another example of aggravated sexual assault may include an individual administering an intoxicant or a drug to an individual without their consent, which impairs their ability to control their conduct and then engaging in sexual acts with the victim.
Indecent exposure is typically referred to as lewd and lascivious behavior. This offense is the crime of displaying genetalia to one or more individuals in a public place, generally with the intent to shock the viewer and sexually arouse the offender.
Voyeurism includes observing unsuspecting individuals while they are engaged in certain activities in order to obtain sexual excitement, including while they are:
- Naked;
- Disrobing; or
- Engaging in sexual activity.
Pursuant to Alabama sexual assault laws, there are five basic sexual abuse charges as well as three categories of sexual abuse. In addition, there are two crimes which involve an element of sexual abuse, including the sexual abuse of a foster child and sexual abuse by a school employee with a student.
These types of offenses have statute of limitations (SOL) which set the amount of time a victim or prosecutor has to file a lawsuit or criminal charge. In most cases, if an individual files their case after the SOL expires, their case will be dismissed.
The statutes of limitations in Alabama are different for criminal and civil sexual abuse statutes of limitations. It is important to note that the SOL which applies is usually the one which existed at the time of the abuse.
This means that although the SOL may have been extended since the incident, it typically will not renew a time-barred case. It is always in an individual’s best interest to report sexual abuse as soon as possible.
