Sexual abuse can take many forms, and West Virginia laws stipulate which crimes receive the harshest penalties. These are categorized into degrees.

What do the different degrees of sexual abuse mean? These are based on the severity of the offense, which determines the consequences the abuser may face.

While this process may feel overwhelming, knowing what each degree means can help guide you through your options and give you a sense of clarity as you work toward healing.

Sexual Abuse Degrees in West Virginia

In West Virginia, sexual abuse is broken down into different degrees. This classification plays a role in determining how the justice system handles the case and the penalties perpetrators may face.

First-Degree Sexual Abuse

This degree of sexual abuse is the most serious form of sexual abuse under West Virginia law. In these situations, force, violence, or coercion is used, or when the victim is unable to give consent due to age or incapacity.

Some examples include:

• The perpetrator threatens or physically forces the victim to engage in sexual contact.
• The victim is unconscious, drugged, or otherwise unable to say no.
• The victim is a child under 12 years old.

First-degree sexual abuse is a felony, with perpetrators facing 5 to 25 years in prison. These cases often result in mandatory sex offender registration. For crimes against children, the penalties can be even harsher.

Second-Degree Sexual Abuse

This abuse involves non-consensual sexual contact but without the extreme factors that elevate it to first-degree abuse. This often includes situations where consent is not possible, such as with minors or individuals with mental or physical incapacities.

These instances involve:

• A victim is between 12 and 16 years old, and the perpetrator is significantly older.
• A victim cannot give informed consent due to a mental disability, even if no physical force is used.

Second-degree sexual abuse is also a felony in West Virginia. Perpetrators may face 1 to 5 years in prison and fines of up to $10,000.

Third-Degree Sexual Abuse

This involves unwanted sexual contact that does not involve force or coercion. These cases may also include relationships where the age gap makes sexual contact illegal, even if the interaction was consensual.

These may include:

• Unwanted touching or sexual contact where consent wasn’t explicitly given.
• A relationship between a 16-year-old and an older adult that violates the state’s age-gap laws.

This degree is considered a misdemeanor, and penalties include up to 90 days in jail and fines of up to $500.

What Are Aggravating Factors?

Sometimes, the details of a case can elevate the charges or penalties a perpetrator faces. These aggravating factors include:

• Age of the victim: The younger the victim, the more severe the charges.
• Position of authority: If the perpetrator held a position of trust, such as a teacher, coach, or family member, the case may be treated more harshly.
• Use of force or threats: Violence or the use of weapons increases the severity of the crime.
• Repeat offenses: If the perpetrator has a history of sexual abuse, it can lead to longer sentences.

Legal Options for Sexual Abuse Survivors in West Virginia

If you’ve experienced sexual abuse in West Virginia, legal options are available. If you know the degree of sexual abuse, the state has already decided to pursue criminal charges. The case will be handled in criminal court, where a judge or jury will determine whether the person is guilty.

Unfortunately, this avenue does not always end in the survivor’s favor.

You have the right to file a civil lawsuit along with the state’s criminal charges. This allows you to seek compensation for medical expenses, emotional distress, and lost wages. This can provide financial support and accountability, even if criminal charges are not filed or result in a conviction.

We know it takes incredible courage to come forward after experiencing sexual abuse. You’ve already taken a decisive first step by seeking information. Knowing the degrees of sexual abuse in West Virginia is just the beginning of holding the perpetrator accountable and reclaiming your life.

At Hendrickson & Long, PLLC, we’re here to stand with you. Let us help you take the next step. Contact us today for a confidential consultation.