Sexual Abuse

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Of the 66,662 cases reported in fiscal year 2025, 1,409 involved sexual abuse.1 Sexual abuse offenses have increased 33% since fiscal year 2021.2

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Individual and Offense Characteristics

 

  • 93% of individuals sentenced for sexual abuse were men.
     
  • 55% were White, 16% were Hispanic, 15% were Black, 11% were Native American, and 2% were Other races.3
    • 65% of individuals in cases involving production of child pornography were White.4
    • 53% of individuals in cases involving travel for prohibited sexual contact were White.
    • 51% of individuals in cases involving criminal sexual abuse (rape) were Native American.
    • 57% of individuals in cases involving abusive sexual contact were Native American.
    • 76% of individuals in cases involving statutory rape were Native American.
       
  • Their average age was 38 years.
     
  • 95% were United States citizens.
     
  • 71% had little or no prior criminal history (Criminal History Category I);
    • 11% were CHC II;
    • 5% were CHC III;
    • 3% were CHC IV;
    • 7% were CHC V;
    • 3% were CHC VI.
       
  • 8% of individuals sentenced for sexual abuse were convicted at trial, compared to 2% of all other federally sentenced individuals.
     
  • The top six districts for individuals sentenced for sexual abuse were:
    • Middle District of Florida (65);
    • District of South Dakota (50);
    • Southern District of Texas (46);
    • Northern District of Texas (43);
    • Western District of Texas (37);
    • Northern District of Oklahoma (37).
       

 

Punishment

  • The average sentence for individuals sentenced for sexual abuse was 230 months.
     
  • 99% of individuals sentenced for sexual abuse were sentenced to prison.
     
  • The average sentence for individuals convicted of production of child pornography was 283 months:
    • 86% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 303 months. The average sentence without a mandatory minimum was 155 months.
       
  • The average sentence for individuals convicted of travel to engage in prohibited sexual conduct with a minor was 162 months:
    • 76% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 186 months. The average sentence without a mandatory minimum was 90 months.
       
  • The average sentence for individuals convicted of criminal sexual abuse (rape) was 215 months:
    • 24% of these individuals were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 361 months. The average sentence without a mandatory minimum was 168 months.
       
  • The average sentence for individuals convicted of abusive sexual contact was 62 months.
     
  • The average sentence for individuals convicted of statutory rape was 51 months.

 

Sentences Relative to the Guideline Range

 

 



 

  • 52% of sentences for sexual abuse were under the Guidelines Manual.
    • 43% were within the guideline range.
    • 4% were substantial assistance departures.
      • The average sentence reduction was 41%.
    • 4% were some other downward departure.
      • The average sentence reduction was 44%.
    • 1% were upward departures.
      • The average sentence increase was 72%.
  • 48% of sentences for sexual abuse were variances.
    • 44% were downward variances.
      • The average sentence reduction was 31%.
    • 4% were upward variances.
      • The average sentence increase was 54%.
         

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). 

5 “Early Disposition Program” (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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