Sexual Abuse

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Of the 61,678 cases reported in fiscal year 2024, 1,430 involved sexual abuse. Sexual abuse offenses have increased by 62.5% since fiscal year 2020.1,2

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Individual and Offense Characteristics

 

  • 93.5% of individuals sentenced for sexual abuse were men.
     
  • 55.1% were White, 15.2% were Hispanic, 13.9% were Black, 13.0% were Native American, and 2.8% were Other races.3
    • 67.0% of individuals in cases involving production of child pornography were White.4
    • 55.6% of individuals in cases involving travel for prohibited sexual contact were White.
    • 60.5% of individuals in cases involving criminal sexual abuse (rape) were Native American.
    • 85.0% of individuals in cases involving statutory rape were Native American.
    • 48.7% of individuals in cases involving abusive sexual contact were Native American and 23.1% were White.
       
  • Their average age was 38 years.
     
  • 94.8% were United States citizens.
     
  • 71.6% had little or no prior criminal history (Criminal History Category I);
    • 10.0% were CHC II;
    • 6.9% were CHC III;
    • 3.2% were CHC IV;
    • 5.4% were CHC V;
    • 2.9% were CHC VI.
       
  • 10.8% of individuals sentenced for sexual abuse were convicted at trial, compared to 2.7% of all other federally sentenced individuals.
     
  • The top five districts for individuals sentenced for sexual abuse were:
    • District of South Dakota (56);
    • Northern District of Oklahoma (47);
    • Eastern District of Oklahoma (44);
    • Southern District of Florida (42);
    • Southern District of Texas (40).
       

 

Punishment

  • The average sentence for individuals sentenced for sexual abuse was 221 months.
     
  • 99.2% of individuals sentenced for sexual abuse were sentenced to prison.
     
  • The average sentence for individuals convicted of production of child pornography was 273 months:
    • 80.1% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 305 months. The average sentence without a mandatory minimum was 147 months.
       
  • The average sentence for individuals convicted of travel to engage in prohibited sexual conduct with a minor was 163 months:
    • 79.8% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 185 months. The average sentence without a mandatory minimum was 77 months.
       
  • The average sentence for individuals convicted of criminal sexual abuse (rape) was 229 months:
    • 26.3% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 379 months. The average sentence without a mandatory minimum was 175 months.
       
  • The average sentence for individuals convicted of statutory rape was 42 months.
     
  • The average sentence for individuals convicted of abusive sexual contact was 37 months.
     

 

Sentences Relative to the Guideline Range

 

 



 

  • 51.3% of sentences for sexual abuse were under the Guidelines Manual.
    • 41.9% were within the guideline range.
    • 4.2% were substantial assistance departures.
      • The average sentence reduction was 39.3%.
    • 4.4% were some other downward departure.
      • The average sentence reduction was 31.3%.
    • 0.8% were upward departures.
      • The average sentence increase was 57.0%.
  • 48.7% of sentences for sexual abuse were variances.
    • 44.2% were downward variances.
      • The average sentence reduction was 31.1%.
    • 4.5% were upward variances.
      • The average sentence increase was 35.6%.
         

1 Individuals sentenced for sexual abuse are those convicted of Criminal Sexual Abuse – Rape (§2A3.1), Statutory Rape (§2A3.2), Criminal Sexual Abuse of a Ward (§2A3.3), Abusive Sexual Contact (§2A3.4), Promoting a Commercial Sex Act (§2G1.1), Travel to Engage in Prohibited Sexual Conduct with a Minor (§2G1.3), Production of Child Pornography (§2G2.1), or Child Exploitation Enterprises (§2G2.6).

2 Cases with incomplete sentencing information were excluded from the analysis.

3 Under the Major Crimes Act (18 U.S.C. § 1153), the federal government has jurisdiction over sexual assault crimes committed by Native Americans in Indian Country.

4 Production of Child Pornography does not include cases where individuals were convicted of Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic; Possessing Material Involving the Sexual Exploitation of a Minor (§2G2.2). 

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.

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