What is Gross Sexual Imposition? Penalties and Defense

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Gross Sexual Imposition occurs when a perpetrator forces a party to have sexual contact with another party against their will. The forced sexual contact is not with the offender. Forcing a person against their will to engage in sexual activity with another person constitutes gross sexual imposition.  Forcing a person into prostitution is an example of gross sexual imposition.

The offender this by using force, threatening to use force or intentionally impairing the victim’s judgment. A perpetrator can impair a victim’s judgment by drugging him or him until they reach a state of unconsciousness, allowing the perpetrator to oblige them to engage in sexual activity. Gross sexual imposition occurs when the victim is younger than thirteen years of age, whether or not the perpetrator is aware of the victim’s real age.  Another type of gross sexual imposition occurs when the assailant sexually abuses a person whose mental state prohibits him or her from being able to give valid consent. An example of such a victim would be an individual who suffers from physical or psychological disabilities.

Penalties

Anyone accused and found guilty of gross sexual imposition is guilty of a fourth degree felony. Providing sedatives or other means to impair a person’s judgment in order to force them to have sexual contact is a felony of third degree. When the victim is less than thirteen years old, the assailant is guilty of a felony of third degree. It remains that gross sexual imposition is a very serious charge. Any accused found guilty will be registered as a sex offender and a conviction could lead to serious jail time. For this reason, as soon as anyone is accused of gross sexual imposition, it is imperative that they consult a criminal defense lawyer or sex offender attorney.

Defenses

A victim doesn’t need to prove that he/she attempted to physically resist the assault. Additionally, a victim’s sexual past is not pertinent evidence or valid proof unless the accused can prove past sexual relations with the victim. However, before admitting the victim’s past sexual behaviour as evidence, the Court must verify the admissibility of the proof at a preliminary hearing. The accused’s past behaviour is often taken into account: harsher punishments will apply if this is not the first criminal offense. In sum, gross sexual imposition occurs when the perpetrator is involved in forcing an individual to engage in sexual activity with another person.

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