Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving unlawful sexual contact or molestation, typically with a minor.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Dictionaries
How it applies
Common Examples
6
Screen Blocks Child Witness View
Colin Chambers stood trial on charges of carnal abuse of a ten-year-old neighbor. The prosecution erected a screen between Chambers and the child complainant so the witness could not see the defendant while testifying. The arrangement prevented physical face-to-face confrontation in the courtroom.
Closure Order for Minor Testimony
Camila Cervantes faced charges of carnal abuse involving a twelve-year-old victim. The trial court closed the probable cause hearing to the public during the minor's testimony under a state statute listing carnal abuse among sex offenses. The closure excluded the press despite the newspaper's objection.
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Spousal Notice in Abuse Context
Charlotte Chung sought an abortion after reporting prior carnal abuse by her husband. The state statute required spousal notification before the procedure. The clinic challenged the requirement as imposing an undue burden on women in abusive relationships.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Statutory Rape Gender Distinction
Connor Clark, an eighteen-year-old male, was charged with carnal abuse of a seventeen-year-old female under a statute that punished only males for intercourse with minors. The defense argued the gender classification violated equal protection. The court upheld the statute as serving the state's interest in preventing teenage pregnancy.
Michael M. v. Superior Court of Sonoma County450 U.S. 464, 477–479, 101 S.Ct. 1200, 1208–1209 (Stewart, J., concurring)
Distribution of Child Depictions
Christopher Collins was prosecuted for selling videos depicting minors engaged in sexual conduct that qualified as carnal abuse material. The state statute criminalized knowing distribution of such visual depictions. The defense claimed First Amendment protection, but the court rejected the challenge.
New York v. Ferber458 U.S. 747 (1982)
Video Testimony for Child Victim
Charles Cunningham faced carnal abuse charges involving a nine-year-old. The court permitted the child to testify by live two-way video from another room to avoid trauma. The defendant and jury could observe the testimony, and counsel conducted cross-examination.
Maryland v. Craig497 U.S. 836 (1990)
Common questions
Frequently Asked
3
What does carnal abuse mean in older criminal statutes?+
It refers to unlawful sexual contact or molestation, most often involving a minor victim.
Supporting sources
How does the confrontation right apply in carnal abuse prosecutions?+
The Sixth Amendment guarantees the accused the right to physically face child complainants at trial. Erecting a screen that prevents the witness from seeing the defendant violates this right.
Supporting sources
Can states close proceedings during testimony in carnal abuse cases?+
States may exclude the public and press during a minor victim's testimony in sex-offense trials that include carnal abuse, provided the statute serves the interest of protecting the child from trauma.
Supporting sources
541 U.S. 36 (2004)Evidence
…84 Iowa L. Rev. 499, 534-535 (1999); Mosteller, Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions, 1993 U. Ill. L. Rev. 691, 738-746. In many cases, hearsay alone was generally not considered sufficient to support a conviction; rather, it was used to corroborate sworn…