Second degree sexual assault is a serious offense under Wyoming law, carrying significant legal consequences. This article provides a general overview of this crime, explaining what the act entails and its repercussions within the state’s legal framework.
What Constitutes Second Degree Sexual Assault in Wyoming
In Wyoming, second degree sexual assault is defined by inflicting “sexual intrusion” on a victim under specific coercive circumstances that fall short of the force required for a first-degree charge. Sexual intrusion includes acts like penetration of the genital or anal opening with an object or body part, or various forms of oral or anal sex. The offense is distinguished by the context in which this intrusion occurs.
The law outlines several situations that elevate sexual intrusion to a second-degree offense.1Justia Law. Wyoming Statutes § 6-2-303 – Sexual Assault in the Second Degree One circumstance involves causing a victim to submit by threatening future retaliation against them or their family, where the victim reasonably believes the threat will be carried out. Another scenario is when the actor is in a “position of authority” over the victim, such as a teacher or employer, and uses that power to cause submission.
Other conditions also define the crime. It is considered second degree sexual assault if the actor administers a substance to the victim without their knowledge that impairs their ability to control their conduct. The law also covers situations where the actor knows the victim has mistakenly identified them as their spouse, or if the act occurs while the actor is serving as a health care provider during treatment.
Understanding Consent in Wyoming Sexual Assault Law
Wyoming’s sexual assault laws operate on the principle that any sexual act must be consensual. State case law indicates that for consent to be valid, a person must be able to exercise independent judgment. This means permission must be given freely and knowingly, without coercion or incapacitation.
The law recognizes several conditions under which a person is legally incapable of giving consent. This includes being “physically helpless,” a state defined as being unconscious, asleep, or otherwise unable to communicate unwillingness to participate.2Justia Law. Wyoming Statutes § 6-2-301 – Definitions
Intoxication can also negate a person’s ability to consent. If intoxication renders a victim physically helpless or unable to appraise the nature of their conduct due to a mental illness or deficiency, they cannot legally consent.
Penalties for a Second Degree Sexual Assault Conviction
A conviction for second degree sexual assault in Wyoming is a felony and carries severe penalties. This classification impacts civil liberties, including the right to vote and own firearms, long after a sentence is served. Upon conviction, an individual faces a prison sentence of not less than two years and not more than twenty years.3Justia Law. Wyoming Statutes § 6-2-306 – Penalties for Sexual Assault
The exact length of the sentence is determined by a judge, who considers the specifics of the case and the defendant’s criminal history. Beyond imprisonment, a conviction mandates registration as a sex offender, a long-term consequence extending beyond the prison sentence. Registered individuals are listed on a public database, face restrictions on where they can live and work, and must comply with regular reporting requirements. This registration can last for many years, and in some cases for life, impacting a person’s ability to reintegrate into society.
Reporting Incidents of Second Degree Sexual Assault
Anyone in Wyoming who suspects that sexual assault has occurred is encouraged to report it. For incidents involving adults, contact the local police department or the county sheriff’s office. If the victim is a minor, a report should be made to law enforcement or the Wyoming Department of Family Services (DFS).
When making a report, include details such as the names of those involved, a description of the event, and the date, time, and location. It is not necessary to have absolute proof to make a report, as the law only requires a “reasonable cause to believe or suspect” that a crime occurred.
All adults in Wyoming are mandatory reporters of child abuse, meaning there is a legal duty to report any suspicion of abuse or neglect involving a person under 18.4Justia Law. Wyoming Statutes § 14-3-205 – Child Abuse or Neglect; Persons Required to Report Reports can be made to the local DFS field office or law enforcement. In an emergency, dial 911.
Statute of Limitations for Second Degree Sexual Assault in Wyoming
A statute of limitations sets a maximum time limit for initiating legal proceedings after an event. Wyoming is unique because the state does not have a criminal statute of limitations for any felony offense, including second degree sexual assault. This standard is based on state court decisions which have affirmed that prosecution can be commenced at any point during an offender’s lifetime.
This means a prosecutor can file charges for second degree sexual assault years or even decades after the offense allegedly occurred. The absence of a time limit applies regardless of the victim’s age at the time of the incident, reflecting a legal stance that the seriousness of such crimes outweighs typical justifications for time limits.