Arkansas Sex Crime Penalties – All You Need to Know

Sex crimes in Arkansas are taken extremely seriously, can come with significant legal consequences, and range from sexual indecency with a child to statutory rape to sexual assault. By understanding the most recent Arkansas sex crime penalties, defendants can work to navigate the complex criminal justice system and fight to protect their rights and interests.

Key Arkansas Sex Crime Laws and Their Penalties

The state of Arkansas has stringent penalties for individuals who have been convicted of a sex crime.

Some of the more prominent sex crime offenses and their corresponding punishments/sentencing include:

• Rape: Rape is defined as carrying out sexual activity or sexual intercourse with another person who was incapacitated, or forced or threatened to do so. This crime is classified as a Class Y felony, meaning that it is punishable by a term of 10 to 40 years or even a life sentence in prison.
• Sexual assault in the first degree: These charges arise when an adult engages in sexual intercourse with a person who is incapacitated or a minor. Classified as a Class A felony, sexual assault in the first degree is punishable by a prison sentence ranging from 6 to 30 years and fines of up to $15,000.
• Sexual assault in the second degree: Sexual assault in the second degree involves any kind of contact of a sexual nature between a minor and an adult who holds a position of authority. This event is a Class B felony, which can be punished by time in prison ranging from 5 to 20 years and a maximum fine of $15,000.
• Sexual assault in the third degree: This event involves any sexual contact that is not classified as first-degree or second-degree assault, and is a Class C felony punishable by a prison sentence of 3 to 10 years and fines of up to $10,000.
• Statutory rape: Statutory rape involves sexual intercourse with an individual who’s under the age of 16, which is the legal age of consent in Arkansas. This crime can be punished by up to 10 years in prison and fines of up to $10,000.
• Sexual indecency with a child: Sexual indecency with a child crimes include engaging in sexual contact or inappropriately exposing oneself to a child. Depending on the circumstances, this offense is classified as a Class C or Class D felony, with a maximum prison sentence of 10 years.

Recent Arkansas Sex Crime Statistics

According to data reported from 2020 to 2023 by Arkansas police departments, sex crimes continue to be a concern in the state. In December 2023, there were five reported cases, with two of them being cleared. Of all the violent crimes or domestic violence cases reported between 2020 and 2023, 3 of them were linked to further rape charges, 2 to incest, one to aggravated assault, one to criminal sexual conduct, one to pornographic or obscene material.

Legal Consequences Beyond Prison Sentences

Beyond the incarceration and fines, people who are convicted of a sexual crime in Arkansas can face additional long-term consequences. Those convicted may be required to register as sex offenders, significantly restricting their personal freedoms as well as housing and employment opportunities. They may also have their parental rights terminated by the court if the child was conceived as a result of a rape case.

Offenders can also be imposed with lifelong no contact orders against victims, which can restrict where they can go, who they can talk to, and where they can live or work. As a sex crime conviction can impact all aspects of an individual’s life, it’s crucial to fight back against any charges.

Defending Against Sex Crime Charges in Arkansas

If you or a loved one is facing sex crime charges, a tactical attorney may be able to help you leverage a myriad of optimal defense strategies. For example, they may be able to show that consent was indeed present and work to get your charges dropped. Other strategies may include arguing that there is insufficient evidence or proving there was a mistaken identity. A skilled sex crime attorney can scrutinize your case to help you understand which options may work for you.

FAQs

Q: What Is the Legal Age of Consent in Arkansas?

A: The legal age of consent in Arkansas is 16 years old. Anyone who engages in sexual activity with someone who is under 16 can be facing charges for statutory rape. If you believe you are under investigation for statutory rape charges, or if you have been arrested and face formal charges, it’s crucial to work with an experienced attorney who can help you explore your defense options.

Q: Can You Seal or Expunge a Sex Crime Conviction in Arkansas?

A: Yes, it is possible to get lesser sex crime convictions sealed or withdrawn from the public eye in Arkansas. Expungements of felony, or the complete destruction of criminal records, are rare in Arkansas. Offenses like sexual indecency with a child could be eligible for sealing under specific conditions. Other felony sex crimes, like sexual assault and rape are not eligible for sealing. Contact the Pulaski County Circuit Court Clerk’s Office for a Petition and Order to Seal.

Q: What Are the Penalties for Failing to Register as a Sex Offender in Arkansas?

A: The penalties for failing to register as a sex offender in Arkansas include additional felony charges that can come with associated prison time and fines. A dedicated attorney can help to ensure compliance with mandatory sex offender registration in the state, helping you avoid further criminal consequences. If you are facing additional charges for failure to register, a criminal defense lawyer can help you leverage optimal defense strategies to get your charges reduced or dropped.

Q: How Can a Defense Attorney Help Fight a Sex Crime Charge?

A: A sex defense attorney can help fight a sex crime charge by challenging the evidence brought forward by the prosecution and negotiating plea deals. They can bring forward crucial mitigating factors to get your charges reduced or even work towards a complete case dismissal. When necessary, a seasoned defense attorney can represent you at trial.

Facing Sex Crime Charges?

If you or a loved one is facing sex crime charges in Arkansas, by working with an experienced defense attorney from Lemley Law Partners, you can optimize your chances of a positive case outcome. Contact us today to schedule your consultation.