Sweetwater County Sexual Assault Defense Attorneys

Types of Sexual Assault

Wyoming law addresses a range of sexual assault offenses, including first-degree sexual assault, second-degree sexual assault, and third-degree sexual assault. 

First-degree sexual assault involves inflicting sexual intrusion (oral, genital, or anal intercourse or penetration with an object or body part) on another person and:

• causing the alleged victim to submit through the actual use of physical force or forcible confinement;
• causing the alleged victim to submit by threatening death, serious bodily injury, extreme physical pain, or kidnapping, and the alleged victim reasonably believes that the defendant has the ability to execute those threats;
• knowing that the alleged victim is physically helpless and has not consented; or
• knowing that the alleged victim has a mental illness, mental deficiency, or developmental disability that renders them incapable of judging the situation.

Second-degree sexual assault involves inflicting sexual intrusion and:

• threatening retaliation against the alleged victim’s family; 
• preventing resistance from the alleged victim; 
• knowingly administering a substance to the alleged victim that would impair them; 
• knowingly carrying on the attack while the alleged victim erroneously believes they are their spouse; 
• being in a position of authority over the alleged victim; 
• being an employee, independent contractor, or volunteer of a government or privately operated adult or juvenile correctional system; or
• being an employee or volunteer of a public or private school and being more than four years older than the alleged victim.

A person may also be guilty of sexual assault in the second degree if they subject another person to: 

• sexual contact (sexual touching without penetration) or sexual intrusion in their capacity as a healthcare provider while providing care, treatment, services, or procedures to maintain or treat the patient; or
• sexual contact and cause serious bodily injury to the alleged victim under any of the above circumstances.

Lastly, third-degree sexual assault is a sexual assault that does not classify as first- or second-degree sexual assault and involves subjecting the alleged victim to sexual contact under any of the previously mentioned situations without inflicting sexual intrusion and without causing serious bodily injury.

First-degree sexual assault is a felony punishable by five to 50 years in prison; second-degree sexual assault is a felony punishable by two to 20 years in prison; and third-degree sexual assault is a felony punishable by up to 15 years in prison. The sentence may increase if the defendant has prior convictions for sexual assault.

Statutory Rape Laws

Another serious category of sexual assault is statutory rape. Statutory rape occurs when an adult has sex with a minor (younger than 17 years old), regardless of consent. 

Wyoming classifies statutory rape into four categories:

• First-degree sexual abuse of a minor – engaging in sexual intrusion with a minor who is: 
  • 12 years or younger while the defendant is 16 years or older; 
  • younger than 18 years old while the defendant is a legal guardian or family member 18 years or older; or 
  • younger than 16 while the defendant is in a position of authority and 18 years or older
• Second degree sexual abuse of a minor – engaging in sexual intrusion with a minor who is 13, 14, or 15 years old while the defendant is at least 17 years old; or engaging in sexual contact with a minor who is: 
  • 12 years or younger while the defendant is 16 years or older; 
  • under the age of 18 while the defendant is 18 years or older and the minor’s legal guardian or family member; or 
  • under the age of 16 while the defendant is 18 years or older and in a position of authority
• Third degree sexual abuse of a minor – engaging in indecent sexual activity with a minor younger than 17 while the defendant is at least four years older; or engaging in sexual intrusion with a minor who is:
  • 13, 14, or 15 years old while the defendant is 17 years or older and four years older than the minor;
  • 16 or 17 years old and the defendant is 20 years or older, at least four years older than the minor, and in a position of authority;
  • 12 years or younger while the defendant is younger than 16 but three years older than the minor
• Fourth degree sexual abuse of a minor – engaging in sexual contact with a minor who is:
  • 12 years or younger while the defendant is 15 years or younger and three years older than the minor;
  • younger than 18 years old while the defendant is 20 years or older, four years older than the minor, and in a position of authority

First-degree sexual abuse of a minor is punishable by up to 50 years in prison; second-degree sexual abuse of a minor is punishable by up to 20 years in prison; third-degree sexual abuse of a minor is punishable by up to 15 years in prison; and fourth-degree sexual abuse of a minor is punishable by up to five years in prison.

Sex Offender Registration

In addition to the prison time and fines, convicted sex crime offenders will be penalized with required sex offender registration. 

Under Wyoming law, anyone convicted of a registerable sex offense must register their status as a sex offender for life, including offenses such as:

• Sexual abuse of a minor
• Sexual assault of a minor
• Child pornography
• Other sexual offenses involving children

Failure to register as a sex offender will lead to additional penalties.

If you are facing sexual assault accusations, do not hesitate to contact an experienced defense lawyer immediately to represent you in court. The consequences upon conviction can last for life, so it is in your best interests to put up a formidable fight in your defense.

Contact The Law Offices of Hampton & Newman, L.C. today to learn more about how to combat your sexual assault allegations.