The Difference Between a Sexual Predator and an Offender

Published on Oct 1, 2025 |

Sexual Abuse Law

A survivor of sexual abuse has a lot of trauma to process. It is not uncommon for someone who has gone through that experience to have intense feelings of rage, depression, isolation, shame, and hopelessness all happening at once.

Long after the physical injuries heal, they still need to work through the emotional healing. Finding justice can help.

Justice for the survivors of sexual abuse can be found in two different ways: either through a criminal prosecution or a civil complaint. An example of this can be seen with the case of a gymnastics coach who recently pleaded guilty to child sexual abuse and was given the maximum sentence. That conviction and sentence bring the criminal matter to a close.

However, a civil complaint is also being filed against the company that did not put safeguards in place for students.

Holding everyone accountable for these heinous acts helps the survivors move forward. An experienced Charleston sexual abuse lawyer can provide the support and guidance that sexual abuse survivors need to understand all their options for moving forward towards a remedy.

One of the areas of support that we can provide is help with classifying the difference between a sexual predator and a sexual offender. Although one assailant can be both, it is essential in the eyes of the law and the courts to make those distinctions.

What Is a Sexual Predator?

Each state creates its own laws that govern sexual abuse. In West Virginia, the law refers to a sexual predator as a sexually violent predator (SVP). This classification is assigned to those assailants who have been convicted of sexual offenses. A sexually violent predator is also someone who is diagnosed to have a mental abnormality that makes them more likely to commit further acts of sexual assault.

A prosecuting attorney must present evidence in court to classify a person as an SVP. Once classified, an SVP can face stricter monitoring and restrictions on their movements. West Virginia law also stipulates that anyone whom the courts designate as an SVP is subject to public notification.

You can access that information through the West Virginia State Police Sex Offender Registry.

What Is a Sexual Offender?

Although they often commit the same types of crimes, according to West Virginia, a sexual predator is not automatically interchangeable with a sex offender. A sex offender is defined as “anyone who has been convicted of, or adjudicated as a juvenile delinquent for, a sex offense.” It also includes anyone who has been convicted of a sexual offence. A convicted sexual offender must also register with the West Virginia Sex Offender Registration Act.

What Are Examples of Sexual Offenses?

Depending on the act, a person can be charged with a First, Second, or Third Degree of sexual assault or First, Second, or Third Degree of sexual abuse. Each of those charges can have different levels of fines and imprisonment.

Here are some examples of sexual offenses based on regulations from the West Virginia Courts:

  • Luring a child from their home
  • Sexual abuse or assault of a person, particularly women and children.
  • Rape, which is defined as intentional penetration of a vagina, mouth, or anus with a penis, without the opposite party’s consent to that action.
  • Forcible touching
  • Sexual assault against a child
  • Patronizing a prostitute
  • Sex trafficking
  • Unlawful surveillance
  • Incest
  • Use of a child in a performance of a sexual nature
  • Promoting or possessing sexual materials of a child

Getting Confidential Help from Hendrickson & Long, PLLC

If you or someone you care for has been the victim of sexual abuse, you must find an advocate. You can find resources to help with emotional healing from the West Virginia Foundation for Rape Information and Services (WVFRIS).

You can also find support for all legal matters from the attorneys at Hendrickson & Long, PLLC.

We understand the seriousness of these matters. That is why we provide support along with complete confidentiality. We’re standing by to listen and answer your questions. Call for a free consultation.

We’re ready to help.