Norwalk Sexual Assault Lawyer

No matter what degree of sexual assault you are accused of, you should seek help from a sex crimes defense attorney as soon as you find out you are being investigated or charged. Guidance and support from a Norwalk sexual assault lawyer early on in your case could put you in a much better position to pursue a favorable final outcome.

How Sexual Assault Is Classified in Norwalk?

There are four degrees of sexual assault codified in the Connecticut General Statutes, only one of which—sexual degree in the fourth degree—can be prosecuted as a misdemeanor under any circumstances. According to Connecticut General Statutes §53a-73a, sexual assault in the fourth degree entails someone making sexual contact with any of the following parties:

Someone under 13 years of age, if the perpetrator is more than two years older than them;
Someone between 13 and 15 years old, if the perpetrator is more than three years older than them;
A mentally or physically impaired person, or one who is physically helpless;
Someone under 18, if the perpetrator is their legal guardian or has supervisory, disciplinary, or professional authority over them;
Someone over 18 who does not consent to the contact;
A patient, student, or student-athlete under the perpetrator’s authority; and/or
An animal or a deceased person.

Sexual assault in the fourth degree is considered a Class A misdemeanor if the alleged victim is over 16 years old, and a Class D felony if the alleged victim is under 16 years old. More severe degrees of sexual assault can have enhanced consequences on similar grounds—for example, C.G.S. §53a-70 classifies first-degree sexual assault as either a Class B felony or a Class A felony, depending on whether the alleged victim is over the age of 16.

Sexual Assault of a Minor

While the Connecticut penal code no longer uses the specific terms rape or statutory rape to refer to unlawful sexual conduct, it is still a criminal offense to engage in sexual contact or intercourse with a person under 16. Regardless of whether the perpetrator uses force to compel sexual activity, a person under 16 cannot legally consent to any sexual interaction whatsoever with a person over the age of 18.

Unlawful sexual contact with a minor without the use or threat of force is generally considered sexual assault in the fourth degree and prosecuted as a Class D felony, whereas sexual intercourse under the same circumstances would be considered sexual assault in the second degree, which is a Class B felony. If an adult uses force to compel sexual intercourse with a minor, they may be charged either with first-degree sexual assault or with aggravated sexual assault of a minor, both of which are class A felonies punishable by mandatory minimum prison sentences of at least a decade in length.

What Consequences Could a Conviction Lead to?

The criminal sanctions that come from a sexual assault conviction can vary substantially depending on what specific offense a defendant is convicted of. For example, a Class A misdemeanor fourth-degree sexual assault may result in a maximum one-year jail sentence plus a maximum $2,000 fine. At the same time, any Class C or higher felony conviction could expose a defendant to maximum prison sentences of 10 to 25 years based on the particular degree.

Additionally, anyone convicted of a sexually violent crime must register with the state as a sex offender for the rest of their life. Individuals convicted of nonviolent sex offenses or those against a minor must register for a minimum of 10 years following their first conviction, and for life following any subsequent conviction.

Can I Contest a Sexual Assault Allegation?

Since there are often no witnesses and forensic evidence can disappear quickly, sex assault investigations and prosecutions are often based on the word of the alleged victim. Almost anything an accused person says could be used against them, so it is important to fight the urge to publicly comment on the case without getting the advice of a lawyer. Instead of trying to defend themselves in the public eye or in court, people accused of sexual assault in Norwalk should defer to an experienced lawyer.

Consider Speaking with a Norwalk Sexual Assault Attorney

A seasoned Norwalk sexual assault attorney from Mark Sherman Law could protect a defendant’s rights and best interests by accompanying them to interviews with investigators, interacting with the court and law enforcement, and providing advice about what they should and should not say both in and out of court.

Click here to read our over 300 certified client reviews on Avvo.com, and call us today to schedule your confidential consultation.