1983
Sexual Abuse
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Section 2242 sets forth two offenses involving a "sexual act" as
defined
in section 2246(2). The maximum punishment for each is 20 years
imprisonment and
a fine under Title 18. Paragraph (1) of the section makes it an offense, in
the
special maritime and territorial jurisdiction of the United States or a
Federal
prison, for someone to cause another person to engage in a sexual act by
means
of express or implied threats or placing another in fear (other than by
threats
of, or placing in fear of, harm described in section 2241(a)(2)). The
requirement of force may be satisfied by a showing that the threat or
intimidation created in the victim's mind an apprehension or fear of harm to
self
or others. See H.R.Rep. No. 99-549, 99th Cong.2d Sess. 16 (1986).
Paragraph (2) of section 2242 makes it an offense to engage in a sexual
act
with another person who is incapable of appraising the nature of the conduct
or
physically incapable of declining participation, or communicating
unwillingness
to engage in, the sexual act. There is no spousal immunity, and
corroboration
of the victim's testimony is not required. Lack of consent by the victim is
not
an element of the offense, and the prosecution need not introduce evidence
of
lack of consent or of victim resistance. Id.
[cited in USAM 9-75.200] | |