My 14 year old boy was sexually abused by his stepdad.

Full Question:

I am the mother of a 14-year-old boy. I recently got married to a man that I thought I knew. He had started to complain about his bottoms hurt and the nurse’s examination showed that he was being sexually abused. On further inquiry my son told me that stepdad did things to him. I have already filed for a divorce. Can I also sue him for sexual assault of a minor? What is the punishment for sexual of a minor in Wyoming?
12/30/2016   |   Category: Criminal » Statutory Rape   |   State: Wyoming   |   #29141

Answer:

In Wyoming, an act of sexual intercourse by a person who occupies a position of authority in relation to the minor is guilty of sexual abuse of a minor in the first degree. They are liable to be punished by imprisonment for not less than five (5) years nor more than fifty (50) years per Wyo. Stat. § 6-2-314 and § 6-2-306.

Wyo. Stat. § 6-2-314 reads:
 
“(a) An actor commits the crime of sexual abuse of a minor in the first degree if:
 (i) Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age;
 (ii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than eighteen (18) years of age, and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402;
 (iii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim.
(b) Except as provided in subsection (c) of this section, a person convicted under subsection (a) of this section is subject to imprisonment for not more than fifty (50) years, unless the person convicted qualifies under W.S. 6-2-306(e).
(c) A person convicted under paragraph (a)(i) of this section, where the actor is at least twenty-one (21) years of age, is subject to imprisonment for not less than twenty-five (25) years nor more than fifty (50) years, unless the person convicted qualified under W.S. 6-2-306(e).”
 
Wyo. Stat. § 6-2-306 reads:
“(a) An actor convicted of sexual assault under W.S. 6-2-302 through 6-2-304 who does not qualify under the criteria of subsection (b) or (d) of this section shall be punished as follows:
 (i) Sexual assault in the first degree under W.S. 6-2-302 is a felony punishable by imprisonment for not less than five (5) years nor more than fifty (50) years;
***”
In the instant case, the stepdad is a person of authority with respect to the minor. For his act, he is liable to be prosecuted for sexual abuse of a minor in the first degree. He may be punished with imprisonment for not less than five (5) years nor more than fifty (50) years per Wyo. Stat. § 6-2-314 and § 6-2-306.
Also, in this case, additional charges of incest may also be brought against him per § 6-4-402 which is punishable by imprisonment for not more than fifteen (15) years, a fine of not more than ten thousand dollars ($ 10,000.00), or both.