CRIMINAL SEXUAL ABUSE AND DISCRIMINATION

USA,California, Los Angeles
From the US Code > TITLE 18 > PART I > CHAPTER 109A > § 2246
At (2)(c) it says the term “sexual act” means the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Question1: What if the situation was the other way round e.g. the genital (in particular the penis) was made to penetrate however slight of any object’s opening with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. What definition would it fall under?

At (3) it says the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

A handjob on a man is like the analogous act of fingering on a woman. Both should be punished the same if done with out consent. But according to the definitions it seems that a handjob falls under “sexual contact” and fingering falls under “sexual act” “Sexual act” has much harsher punishments (any term of years or for life) then “sexual contact” (not more than two years)

Question2: Why do these acts of similar status and that have similar consequence on a victim fall in different categories and not the same? Who is to say which is worse? The definitions provided leaves an opening for discrimination based on what genital anatomy the victim might have.

Question3: Isn’t it discrimination that one criminal is given harsher punishments then the other, also one victim will be provided stronger justice than another for similar crimes only difference being the genital anatomy or sex of the victim.

The fourteenth amendment of US Constitution and also Article 7 of the Universal Declaration of Human Rights mentions equal protection of the law and equal justice under law for all? The law provides protection and justice, but it should be equal for all without discrimination of any kind, such as race, color, sex, language, religion……etc

Here the protection and justice provided by the law is subject to the victim’s genital anatomy or sex of the victim. How is that equal for all irrespective of race, color, sex, language, religion……etc? It allows for discrimination to both the criminal and also the victim party.

I think direct touching should be placed in the “sexual act” category to rectify this


P.S. - My questions arise after watching a movie where there is a scene that shows a transsexual (male wanting to be female) subjected to sexual abuse. He/She later commits suicide. So I looked to see if such sexual abuse were to happen in real life to a transsexual or a man with male genital anatomy, what the punishment would be under US Code > TITLE 18 > PART I > CHAPTER 109A and also the United States Federal Sentencing Guidelines. I found it discriminating, contradictory and unequal. Hence my questions to you guys

I think if you closely review all the definitions you will see that any sexual contact that is truly sexual in nature can be charged under both.

Sexual Battery: Penal Code Section 243.4
The crime is defined as an unlawful sexual touching, without consent, of any person by using force, restraint, intoxication, or upon someone who is mental or physically disabled. The touching must be done with the purpose of causing sexual arousal or abuse.
The consequences of conviction for such a crime include one year in the County Jail per count, probation, sex offender registration for life, and fines.