Sexual assault classifications and legal repercussions explained

On Behalf of | Jun 27, 2024 | Criminal justice |

In Arkansas, sexual assault is a serious offense with significant legal consequences. Understanding the different sexual assault classifications and their corresponding criminal charges is crucial for navigating the legal system and recognizing the severity of such offenses.

Arkansas law categorizes sexual assault into four degrees, each with varying levels of severity.

First-degree sexual assault 

First-degree sexual assault involves engaging in sexual intercourse or deviant sexual activity with someone incapable of consent due to age, mental incapacity, or physical helplessness. 

This classification also includes instances where the perpetrator is in a position of authority over the survivor, such as a teacher or guardian.

Second-degree sexual assault 

This type occurs when a person engages in sexual contact with someone unable to consent due to age, mental incapacity, or physical helplessness. This classification often applies when the person assaulted is between the ages of 14 and 16 and the perpetrator is older than the survivor by a certain number of years.

Third-degree sexual assault 

Third-degree sexual assault includes engaging in sexual contact with a person under 16 by someone in a position of authority, such as a coach, clergy member, or employer. This classification also applies when the perpetrator is in a custodial or supervisory position over the person assaulted.

Fourth-degree sexual assault

Finally, fourth-degree sexual assault involves engaging in sexual contact with someone under 16, but the perpetrator is not in a position of authority or custodial role. This classification typically applies to cases where the age difference between the person assaulted and perpetrator is less significant.

Legal repercussions

Criminal charges for sexual assault in Arkansas carry severe penalties.