Fiscal Year 2020
881
INVOLVED SEXUAL ABUSE OFFENSES
.
1
I
N
FY
2020,
64,565
CASES WERE REPORTED TO
THE U.S. SENTENCING COMMISSION.
Offender and Offense Characteristics
3
• 92.3% of sexual abuse offenders were men.
• 57.4% were White, 14.2% were Black, 14.1% were Hispanic, 12.5%
were Native American, and 1.8% were Other races.
♦ 74.5% of offenders in cases involving production of child
pornography were White.
♦ 57.0% of offenders in cases involving travel for prohibited
sexual contact were White and 21.3% were Black.
♦ 60.9% of offenders in cases involving criminal sexual abuse
(rape) were Native American.
♦ 76.0% of offenders in cases involving abusive sexual contact
were Native American.
♦ 88.9% of offenders in cases involving statutory rape were
Native American.
• Their average age was 38 years.
• 95.4% were United States citizens.
• 65.8% had little or no prior criminal history (Criminal History
Category I);
♦ 9.4% were CHC II;
♦ 10.4% were CHC III;
♦ 4.3% were CHC IV;
♦ 7.1% were CHC V;
♦ 3.0% were CHC VI.
• 10.1% of sexual abuse offenders were convicted at trial,
compared to 2.2% of all other federal offenders.
• The top five districts for sexual abuse offenders were:
♦ Northern District of Texas (46);
♦ District of South Dakota (32);
♦ Middle District of Florida (28);
♦ Eastern District of Pennsylvania (25);
♦ Southern District of Texas (25).
Punishment
• 99.5% of sexual abuse offenders were sentenced to prison; their
average sentence was 201 months.
• The average sentence for offenders convicted of production of
child pornography was 272 months:
♦ 85.0% of these offenders were convicted of an offense carrying
a mandatory minimum penalty; their average sentence was
294 months. The average sentence without a mandatory
minimum penalty was 146 months.
• The average sentence for offenders convicted of travel to engage
in prohibited sexual conduct with a minor was 134 months:
♦ 64.7% of these offenders were convicted of an offense carrying
a mandatory minimum penalty; their average sentence was
168 months. The average sentence without a mandatory
minimum penalty was 71 months.
Quick Facts
— Sexual Abuse Offenders —
S
EXUAL ABUSE OFFENSES HAVE DECREASED BY
19.2% SINCE 2016.
This document was produced and published at U.S. taxpayer expense.
For more Quick Facts, visit https://www.ussc.gov/research/quick-facts.
1,090
1,097
1,067
1,165
881
0
500
1,000
1,500
FY
2016
FY
2017
FY
2018
FY
2019
FY
2020
Number of Sexual Abuse Offenders
Production of
Child
Pornography
47.1%
Travel for
Prohibited
Sexual
Conduct
34.6%
Rape
10.5%
Abusive
Sexual
Contact
2.9%
Statutory
Rape
3.1%
Other
1.8%
Primary Sentencing Guideline for Sexual
Abuse Offenders
FY 2020
2
— Sexual Abuse Offenders —
Punishment (continued)
• The average sentence for offenders convicted of rape was 192 months:
♦ 27.5% of these offenders were convicted of an offense carrying a
mandatory minimum penalty; their average sentence was 353 months.
The average sentence without a mandatory minimum penalty was 129
months.
• The average sentence for offenders convicted of abusive sexual contact
was 60 months.
• The average sentence for offenders convicted of statutory rape was 43
months.
Sentences Relative to the Guideline Range
• 54.6% of sexual abuse offenders were sentenced under the Guidelines
Manual:
♦ 42.4% of all sexual abuse offenders were sentenced within the
guideline range.
♦ 6.3% of all sexual abuse offenders received a substantial assistance
departure.
◊ Their average sentence reduction was 47.6%.
♦ 5.5% of all sexual abuse offenders received some other downward
departure.
◊ Their average sentence reduction was 35.1%.
• 45.4% received a variance:
♦ 41.7% of all sexual abuse offenders received a downward variance.
◊ Their average sentence reduction was 32.6%.
♦ 3.7% of all sexual abuse offenders received an upward variance.
◊ Their average sentence increase was 33.3%.
SOURCE: United States Sentencing Commission, FY 2016 through FY 2020 Datafiles, USSCFY16-USSCFY20.
www.ussc.gov
@theusscgov
0
100
200
300
FY
2016
FY
2020
Average Guideline Minimum and
Average Sentence
(months)
Guideline Minimum Sentence
0
25
50
75
100
FY
2016
FY
2020
Sentence Relative to the
Guideline Range (%)
Within Range Variance
Substantial Assistance Other Downward
Under
Guidelines
Manual
54.6%
Variances
45.4%
Sentence Imposed Relative to the Guideline Range FY 2020
Upward Departure
0.4%
Other Downward
5.5%
Substantial Assistance
6.3%
Within Range
42.4%
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.
