Alaska Sexual Abuse Lawyers For Victims Of Child Sexual Abuse & Sexual Assault

After surviving a sexual assault or finding out that your child has been sexually abused in Alaska, it's natural to wonder about your legal options. First, you want to make sure the person responsible is arrested, convicted, and put behind bars before they can hurt others like they've hurt your family.

Alaska's Childhood Sexual Abuse Laws

You might be wondering how your state's criminal justice system deals with sexual offenses and what type of punishment the perpetrator may face. This page provides a listing of the criminal sexual statutes in Alaska, but you should be aware that these laws are frequently updated throughout the country. You can learn more about possible criminal punishments in a consultation with an Alaska sexual abuse victims' lawyer.

If you are a survivor of sexual assault or abuse, there are services available in Alaska to help. Need help immediately? Reach out to one of the Alaska Network on Domestic Violence and Sexual Assault's 23 regional sexual violence response programs. Click here to find contact information for rape crisis services in your area.

Pursuing Justice After A Sexual Assault

While most people think of the criminal courts first, it's also important to consider your options in civil court. From Nome and Fairbanks to Anchorage and Juneau, a civil sexual abuse lawsuit offers a few possible benefits for the families affected by these heinous crimes:

• An alternate option for justice if criminal courts fail to convict the perpetrator
• Allows you to hold third parties liable for enabling abuse, such as a church that tries to protect the abuser
• Provides financial compensation for personal and economic losses related to the crime

A criminal trial is an important part of justice for any victim, but Alaska's criminal courts focus solely on the punishment of offenders. In order to demand accountability from others who were complicit and get the support your family needs, it may be necessary to file a civil sexual abuse lawsuit.

Alaska Laws Regarding Sexual Crimes

Alaska is home to an outrageous level of sexual assault and child sexual abuse. Alaska's sexual assault rate, according to NPR, is 3-times as high as the national average, while the rate of childhood sexual abuse is 6-times higher.

If you or a loved one has been victimized in a sexual crime in Alaska, you may be wondering how the state’s laws could punish your assaulter or abuser. We’ve summarized the main points of Alaska’s sexual predator laws below.

Child Sexual Abuse Laws

Crimes involving child sexual abuse are broken into three separate categories in Alaska:

Online Enticement Of A Minor

A person can be charged with online enticement of a minor if they knowingly use a computer to entice, solicit, or encourage sexual activity from someone under 16 years old, or someone who that person believes is a child under 16 years old. This crime can either be charged as a Class C felony punishable by a maximum of 5 years in prison, or a Class C felony if the perpetrator was required to register as a sex offender at the time of the offense – punishable by up to 10 years in prison.

Sexual Abuse Of A Minor

In Alaska, sexual abuse of a minor is classified into four degrees:

First-degree

First-degree sexual abuse of a minor applies in cases involving:

• An offender 16 years or older engaging in sexual penetration with someone 13 years old or younger, or encourages that minor to engage in sexual penetration with another person;
• An offender 18 years or older engaging in sexual penetration with someone under 18 years old when the offender is the victim’s parent, stepparent, adopted parent, or legal guardian;
• An offender 18 years or older engages in sexual penetration with someone under 16 years old
• The victim lives in the same household as the offender and the offender has authority over the victim
• The offender has any form of authority over the victim

This crime is an unclassified felony and punishable by up to 30 years in prison.

Second-degree

Someone may be charged with sexual abuse of a minor in the second degree if:

• An offender 17 years of age or older engages in sexual contact with someone who is 13, 14, or 15 years of age and at least four years younger than the offender, or the offender encourages a person 13-15 years old and at least four years younger to engage in sexual activity with another person;
• An offender 16 years of age or older engages in or encourage sexual contact with someone under 13 years of age;
• The offender is 18 years or older, the victim is under 18, and the offender is the victim’s parent, stepparent, adopted parent, or legal guardian;
• An offender 16 years of age or older engages in or encourages someone else to engage in sexual activity with someone under 16 years old;
• An offender 18 years of age or older engages in sexual contact with someone under 16 years old and the victim lives with the offender and/or the offender has a position of authority;
• An offender 18 years or older engages in sexual penetration with someone 16 or 17 years old and at least three years younger than the offender, and the offender is in a position of authority over the victim
• Someone under 16 years old engages in sexual contact with a person under 13 years old and at least three years younger than the offender

Sexual abuse of a minor in the second degree is a Class B felony, punishable by a maximum of 10 years in prison.

Third-degree

A person may be charged with third-degree sexual abuse of a minor if the offender is 17 years or older and engages in sexual contact with someone who is 13, 14, or 15 years old and at least four years younger than the offender. This crime is a Class C felony, punishable by a maximum of 5 years in prison.

Fourth-degree

Fourth-degree sexual abuse of a minor can happen in one of two ways:

• Someone under 16 years old engages in sexual contact with a person under 13 years old who is at least three years younger than the offender; or
• Someone 18 years or older engages in sexual contact with a person who is 16 or 17 years old and at least three years younger than the offender, and the offender is in a position of authority over the victim.

Sexual abuse of a minor in the fourth degree is a Class A misdemeanor punishable by up to one year in prison.

Unlawful Exploitation Of A Minor

Unlawful exploitation of a minor charges may be filed against anyone who induces or employs a child under 18 to engage in sexual acts depicted in live performances, film, audio, video, any other materials. Parents who allow their children to engage in these acts may also be charged with unlawful exploitation of a minor. These charges can be classified as either a Class B felony (maximum 10 years in prison) or a Class A felony (up to 20 years in prison and a fine of up to $250,000) if the offender has previously been convicted of the same crime or a similar crime in the same jurisdiction.

Sexual Assault & Rape Laws

Generally speaking, most violent sexual crimes are categorized under sexual assault, according to Alaska law.

Incest

In Alaska, anyone who engages in sexual penetration with someone else who is related to them, either legitimately or illegitimately, can be charged with incest. This includes:

• Ancestors and descendants of whole or half blood;
• Brothers and sister of whole or half blood
• Uncles, aunt, nephews, and nieces of whole or half blood

Incest is a Class C felony in Alaska and punishable by up to 5 years in prison.

Sexual Assault

Alaska law classifies sexual assault cases in four different degrees:

First-Degree

Someone can be charged with first-degree sexual assault if they:

• Engage in sexual penetration without consent from the other party
• Attempt to engage in sexual penetration without consent and causes a serious physical injury to the victim
• Engage in sexual penetration with someone who the offender knows is mentally incapable and who is in the offender’s care by authority of law or in a facility or program licensed by the state
• Engage in sexual penetration with someone who the offender knows is not aware of the sexual act being committed and the offender is a healthcare worker and the offense takes place during professional treatment of the victim

First-degree sexual assault is an unclassified felony punishable by up to 99 years in prison.

Second-Degree

According to Alaska law, there are four types of second-degree sexual assault:

1. An offender engages in sexual contact with someone else without their consent;
2. An offender engages in sexual contact with a person (a) who the offender knows is mentally incapable; and (b) who is in the offender’s care by authority of law or in a facility or program that is required to be licensed by the state
3.  An offender engages in sexual penetration with someone who the offender knows is (a) mentally incapable; (b) incapacitated, or (c) unaware that a sexual act is being committed; or
4. An offender engages in sexual contact with someone who the offender knows is unaware that a sexual act is occurring and (a) the offender is a health care worker; and (b) the offense takes place during the course of professional treatment of the victim.

Second-degree sexual assault is a Class B felony and punishable by up to 99 years in prison.

Taking Legal Action As A Survivor

If you or a loved one is a survivor of sexual assault or childhood sexual abuse, you may be wondering about your legal rights. While the criminal justice system fills the important role of punishing offenders and keeping them from harming future victims, survivors of these crimes often need their own legal representation to ensure they have everything they need for a full recovery. Moving on from a traumatic experience like sexual assault takes time and hard work. But with the right combination of therapy, counseling, support groups, and other healing methods, you can get past what happened to you.

At Laffey, Bucci, & Kent, we’re proud to stand up for the rights of victims of sexual crimes. We can help you get the full support you need to recover from your traumatic experience. To find out more about your legal options, contact our Alaska sexual assault lawyers today for a free consultation.