Connecticut Rape Lawyer
Sexual assault under Connecticut General Statute § 53a-70, is one of the most serious crimes in the State of Connecticut. Penalties are harsh and often include prison sentences that cannot be suspended.
If you were accused of rape or sexual assault, consider speaking to an experienced Connecticut rape lawyer about your case. With the help of a skilled attorney, you could mount a strong defense to the charges you face.
What to Do When Law Enforcement Contacts You
The most critical part of a sexual assault investigation is often the initial phase. Your words and demeanor when you are first contacted by law enforcement can make a huge difference in the strength of the prosecution’s case.
If you know that the accusation is false or based on a misunderstanding, you may be eager to explain the mistake to the investigating officers. Do not do this! The most important thing you can do to prove your innocence is assert your right to remain silent and immediately get help from an experienced criminal defense attorney.
If you learn that investigators want to speak with you about an alleged sexual assault, call a Connecticut rape defense lawyer immediately—before you answer any questions. The police may tell you that you can resolve the matter easily by just answering a few questions, but the police are allowed to lie to you, and you must always assume that is what they are doing. If you first learn of the accusation when you are arrested, immediately ask for a lawyer and do not answer any questions until your attorney is in the room with you.
Understanding Connecticut Sexual Assault Statutes
Under Connecticut statutes, rape, sexual battery and statutory rape all fall under the broader heading of sexual assault. There are four degrees of sexual assault in Connecticut.
How Are Sexual Assault Charges Categorized in Connecticut?
Different factors in a case can determine what degree of sexual assault a person is charged with. For instance, sexual assault that involves the use of a gun may trigger a separate offense, such as assault in the third degree with a firearm.
The age of a complainant can also dictate which degree of sexual assault a defendant is charged with. Statutory rape generally falls under the definitions listed in the statute governing sexual assault in the second degree.
Broadly speaking, scenarios that would have been considered rape under the old classification system would now be considered first or second-degree sexual assault. What is often referred to as statutory rape generally falls under the definitions listed in the statute governing sexual assault in the second degree. A Connecticut rape attorney could help explain these charges more thoroughly.
What is Sexual Assault in the First Degree?
First-degree sexual assault under CGS §53a-70 occurs when one person uses force to compel sexual intercourse with another, or when a person engages in sexual intercourse with a minor under the age of 13 or with someone who is mentally incapacitated. Sexual assault in the first degree is generally treated as a Class B felony punishable by one to 20 years of imprisonment and possibly a fine of up to $15,000. In certain cases, such as where the complainant is underage, the offense could be considered a Class A felony with a maximum prison term of up to 50 years and a maximum fine of $20,000.
What is Sexual Assault in the Second Degree?
As with first-degree sexual assault, second-degree assault involves sexual intercourse. By comparison, third and fourth-degree sexual assault usually involves sexual contact with no penetration.
CGS § 53a-71 sexual assault in the second degree encompasses assault that occurs when two individuals have sexual intercourse when one of them is considered incapable of legally consenting to such an act. This offense is often considered a Class C felony with penalties that may include a sentence of one to ten years in prison and a fine of up to $10,000. The crime could become a Class B felony if a minor under the age of 16 is involved.
Defenses to Sexual Assault Charges
Facing charges of any form of sexual assault is terrifying. You will naturally feel afraid of the potential consequences and may feel stigmatized. Depending on the circumstances, a skilled Connecticut sexual assault defense lawyer can present a vigorous defense to the charges.
Many sexual assault cases are built on the alleged victim’s testimony. We can probe their credibility and reliability to throw their testimony into question. We may be able to establish that the alleged victim consented to any sexual contact or that an accusation is false and that sexual contact never occurred.
If there is physical evidence linking you to an assault, we will scrutinize how the evidence was collected. We can try to exclude any evidence that may have been obtained without proper procedures and adherence to chain of custody protocols. We will also examine the investigators’ conduct to ensure they respected your Constitutional rights throughout the process, and move to dismiss the charges if they did not.
Conviction Leads to Sex Offender Status
One of the most challenging aspects of the sexual assault laws in Connecticut is that if you are convicted, your punishment does not end when you get out of prison. Registration as a sex offender will be part of your conditions of release. Being on the list of registered sex offenders restricts your opportunities for employment, housing, education, and travel.
The sex offender registry is a searchable database that contains offenders’ names, photographs, physical descriptions, current address, and their offenses. If you are required to register, you must report any change of address within three days, cannot live within 1000 feet of a school or daycare, and must inform the Sheriff of any change in employment or school enrollment.
Anyone convicted of a non-violent sex crime against a minor will be listed on the registry for ten years. If convicted of a violent sex crime you must remain on the registry for life.
Get Help from an Experienced Connecticut Rape Attorney
When a person is accused of rape or sexual assault, they may be in jeopardy of losing their employment, housing, and immigration status. They could be exposed to social stigma. Additionally, legal penalties are typically severe for a rape offense and continue even after the offender has served their sentence.
If you are facing sexual assault charges, contact a Connecticut rape lawyer as soon as possible to avoid jeopardizing your future. An experienced defense attorney can analyze all angles of your case and can advise you on potential defenses and the most effective legal strategy. Take a look at some of our verified reviews on Avvo, then call our experienced lawyers at Mark Sherman Law today to get started.