Fiscal Year 2018
1,067
OF THESE INVOLVED SEXUAL ABUSE OFFENSES
.
1
I
N
FY
2018,
69,425
CASES WERE REPORTED TO
THE U.S. SENTENCING COMMISSION.
Offender and Offense Characteristics
3
• 92.1% of sexual abuse offenders were men.
• 51.6% were White, 21.7% were Black, 12.9% were Hispanic, 11.9%
were Native American, and 1.9% were Other races.
♦ 75.1% of offenders in cases involving child pornography were
White.
♦ 43.1% of offenders in cases involving travel for prohibited
sexual contact were White and 37.3% were Black.
♦ 52.8% of offenders in cases involving criminal sexual abuse
(rape) were Native American.
♦ 73.2% of offenders in cases involving abusive sexual contact
were Native American.
♦ 84.6% of offenders in cases involving statutory rape were
Native American.
• Their average age was 37 years.
• 95.9% were United States citizens.
• 65.2% had little or no prior criminal history (Criminal History
Category I).
♦ 8.8% were CHC II;
♦ 9.9% were CHC III;
♦ 5.9% were CHC IV;
♦ 5.1% were CHC V;
♦ 5.1% were CHC VI.
• 8.3% of sexual abuse offenders were convicted at trial, compared
to 2.6% of all other federal offenders.
• The top five districts for sexual abuse offenders were:
♦ Northern District of Texas (48);
♦ Eastern District of Michigan (42);
♦ District of Arizona (35);
♦ District of South Dakota (32);
♦ Middle District of Florida (31).
Punishment
• 98.8% of sexual abuse offenders were sentenced to prison; their
average sentence was 191 months.
• The average sentence for offenders convicted of production of
child pornography was 262 months:
♦ 93.9% of these offenders were convicted of an offense carrying
a mandatory minimum penalty; their average sentence was
274 months. The average sentence without a mandatory
minimum was 89 months.
• The average sentence for offenders convicted of travel to engage
in prohibited sexual conduct with a minor was 147 months:
♦ 63.8% of these offenders were convicted of an offense carrying
a mandatory minimum penalty; their average sentence was
187 months. The average sentence without a mandatory
minimum was 76 months.
Quick Facts
— Sexual Abuse Offenders —
S
EXUAL ABUSE OFFENDERS HAVE INCREASED
5.7%
SIN
CE
2014 BUT DECREASED 2.7% IN FY 2018.
For more Quick Facts, visit https://www.ussc.gov/research/quick-facts.
1,009
999
1,090
1,097
1,067
0
500
1,000
1,500
FY
2014
FY
2015
FY
2016
FY
2017
FY
2018
Number of Sexual Abuse Offenders
Production of
Child
Pornography
42.7%
Travel for
Prohibited
Sexual
Conduct
38.3%
Rape
8.5%
Abusive
Sexual
Contact
3.9%
Statutory
Rape
3.7%
Other
3.0%
Primary Sentencing Guideline for Sexual
Abuse Offenders
FY 2018
2
— Sexual Abuse Offenders —
Punishment (continued)
• The average sentence for offenders convicted of rape was 178 months:
♦ 19.1% of these offenders were convicted of an offense carrying a
mandatory minimum penalty; their average sentence was 318 months.
The average sentence without a mandatory minimum was 145 months.
• The average sentence for offenders convicted of abusive sexual contact
was 27 months.
• The average sentence for offenders convicted of statutory rape was 30
months.
S
entences Relative to the Guideline Range
• 54.9% of sexual abuse offenders were sentenced under the Guidelines
Manual:
♦ 40.1% of all sexual abuse offenders were sentenced within the
guideline range.
♦ 7.5% of all sexual abuse offenders received a substantial assistance
departure.
◊ Their average sentence reduction was 45.4%.
♦ 7.0% of all sexual abuse offenders received some other downward
departure.
◊ Their average sentence reduction was 32.0%.
• 45.1% of sexual abuse offenders received a variance:
♦ 42.1% of all sexual abuse offenders received a below range variance.
◊ Their average sentence reduction was 36.4%.
♦ 3.0% of all sexual abuse offenders received an above range variance.
◊ Their average sentence increase was 36.5%.
SOURCE: United States Sentencing Commission, FY 2014 through FY 2018 Datafiles, USSCFY14-USSCFY18.
www.ussc.gov
[email protected]ov
@theusscgov
0
100
200
300
FY
2014
FY
2018
Average Guideline Minimum and
Average Sentence
(months)
Guideline Minimum Sentence
0
25
50
75
100
FY
2014
FY
2018
Sentence Relative to the
Guideline Range (%)
Within Range Variance
Substantial Assistance Other Downward
Under
Guidelines
Manual
54.9%
Variances
45.1%
Upward Departure
0.3%
Other Downward
7.0%
Substantial Assistance
7.5%
Within Range
40.1%
1
Sexual abuse offenders are those convicted of Criminal
Sexual Abuse – Rape (§2A3.1), Statutory Rape (§2A3.2),
Criminal Sexual Abuse of a Ward (§2A3.3), Abusive Sexual
Contact (§2A3.4), Promoting a Commercial Sex Act
(§2G1.1), Travel to Engage in Prohibited Sexual Conduct
with a Minor (§2G1.3), Production of Child Pornography
(§2G2.1), or Child Exploitation Enterprises (§2G2.6).
2
Production of Child Pornography does not include cases
where offenders were convicted of Trafficking in Material
Involving the Sexual Exploitation of a Minor; Receiving,
Transporting, Shipping, or Advertising Material Involving the
Sexual Exploitation of a Minor; Possessing Material Involving
the Sexual Exploitation of a Minor with Intent to Traffic;
Possessing Material Involving the Sexual Exploitation of a
Minor (§2G2.2).
3
Cases with incomplete sentencing information were
excluded from the analysis.