18 U.S. Code § 2241 – Aggravated Sexual Abuse
When the Federal government has come in on these sex-related offenses, they come in with the full weight, resources and independence of the Federal government. Because these crimes are so serious and sometimes sophisticated, it takes the Federal government to step in, use their surveillance techniques, their FBI agents, Homeland Security, Secret Service agents, in order to really get a handle of this type of a significant crime.
Also, there's a sophistication level that's involved where computers are used, other applications on the internet and only the Federal government really has the funds to track these type of cases and prosecute them the right way.
18 U.S.C. 2241 really has to do with somebody forcing or threatening to commit some sort of a sexual act or committing sort of a sexual act to someone who's unconscious and other means by way of threats and different extortion tactics. These crimes are taken very seriously by the Federal government and will be prosecuted to the full extent of the law.
Further, when it comes to children being involved and crossing state lines, young age, that's when the Feds become involved. The FBI uses all their technology and manpower in order to prosecute these very serious crimes and a lot of times this Code Section 2241 under the United States Code is used in order to bring to bear some of the worst punishments that the government can dole out.
If you're charged with one of these crimes, you should seek the immediate advice of an attorney. Don't make any statements to the government or their agents and make sure that you pull out all the stops to guard against a long prison sentence, your reputation being destroyed and other things that can happen to you.
Federal Strategies in Order to Combat 18 U.S. Code § 2241
There are a number of defenses that can be employed in these types of cases depending on what the circumstances are. Obviously, it' not a cookie-cutter approach. You can't use the same defense n every single case.
However, in some of these defenses, forensic experts can be used in order to disprove or prove certain things that the defense wants to prove. Also, without certain elements being met by the government, they are not going to be able to prosecute these sexually charged cases.
They're going to have to be able to trace IP addresses of the defendant. They're going to have to be able to confirm that the Federal defendant actually did the crime that they're accusing him of and somebody else didn't do it, especially now with the internet and the various hacking things that are going on in.
In order for the government to truly prove their case, they're going to have to be able show to a jury or a judge that somebody else was not involved with the crime they are charging the defendant with and bring to bear evidence that truly shows the person is guilty of whatever Code section they charge the with.
When it comes to children, a lot of times these particular victims are not able to speak for themselves, so the government realizes this and therefore, they make sure that in addition to whatever the child is saying, they also have other evidence to back up their case because they realize that if they don't a good defense attorney will come in and dismantle their case, piece by piece.
In order to properly defend yourself, it's important that you sit down with your chosen attorney, give them a straight-forward blow-by-blow of what exactly happened under the cloak of the attorney-client privilege. This is not the time to put a spin on what happened. This is not the time to omit things.
This is the time to be completely truthful with your attorney so that your attorney can do what he or she needs to do in order to properly defend you. If someone is just going to give their spin and not give the other side, then the attorney is going to be at a disadvantage, and ultimately, that hurts the client.
So, it's crucial that when you meet with your Federal criminal defense attorney related to any USC 18 violations, you tell them the truth, you give them a full account of what happened – even if some of the things are bad for you – you still have to give them all the information.
Once you do that, what I do is obviously, I'm going to now get your defense, I'm going to get your version of events. We're going to find out the good things about you. We're going to get character letters.
We'll find out about your family circumstances and then we're going to utilize either a defense at a jury trial or we will utilize the factors that are available at a Federal sentencing and all the downward departures that can be used to get you the lowest possible sentence and make sure that your interests and rights are preserved.