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Is Drunk Sex Considered Rape in Connecticut?

Is Drunk Sex Considered Rape in Connecticut?
  • You can be arrested in Connecticut for having sex with someone who verbally consents to sex but is drunk or high.
  • This is called statutory rape or Sexual Assault Second Degree in Connecticut.
  • If you’re being investigated for sexual assault in Connecticut, the police will contact you.
  • If police are investigating you, you should have a top Connecticut statutory rape attorney by your side.
  • You can be arrested for felony sex assault for having sex with someone who is intoxicated and unable to consent.

  • If you’re under investigation in Connecticut for statutory rape / Sexual Assault 2nd Degree, call an experienced Connecticut statutory rape defense lawyer.

Can I Get Arrested in CT for having Sex with Someone who is Drunk?

Having sex with someone so drunk or high that he or she is considered to be “physically helpless” is illegal in Connecticut and could be the basis of a Sexual Assault in the Second-Degree felony charge. Under Connecticut law, “physically helpless” means that the other person is either unconscious, unable to resist sexual acts, or unable to communicate that he or she is unwilling.  A top Connecticut criminal lawyer may help build a defense by showing the police that the other person was not intoxicated / physically helpless or that you were not aware of the other person’s condition, which is an affirmative defense.

The Police are Investigating me for Sexual Assault…Now What?

The best Connecticut criminal attorneys know that police seem to be investigating more allegations of statutory rape and sex assault than ever over the past few years, especially during COVID quarantine.  If you’re contacted by the police, the officer might try to ask you questions right away to catch you off guard and see what you say.  Don’t fall for it – tell them you want your attorney, get the officer’s name and number, and let them know you will have your attorney get in touch with them.

What is Statutory Rape in Connecticut?

What’s commonly known as statutory rape is found under Connecticut criminal law § 53a-71 / Sexual Assault in the 2nd Degree.  Second Degree Sex Assault in Connecticut is broad, and covers everything from sexual intercourse with someone under 16 years old to sex between a teacher/student to sex with someone unable to consent because of physical impairment.  For more details on what Sex Assault 2nd Degree / § 53a-71 covers, click here.

Don’t I Look Guilty if I get an Attorney during a Police Investigation?

No.  You absolutely have the right to an attorney and, with allegations as serious as rape, you need to exercise it.  Top Connecticut criminal attorneys see this all the time:  You don’t think you did anything wrong and agree to meet the police officers.  But when you get there, you find a team of officers ready to question you – in detail – about anything and everything that’s ever happened between you and the person making the complaint.  An attorney can speak to the police ahead of time, work with you to prepare a statement if needed, and be at your side during all police interactions.

I didn’t Sexually Assault Anyone…do I even Need to Speak to the Police?

You might have to, especially if you are innocent. One of the most difficult things about sex assault investigations in Connecticut is that – sometimes – the allegations made by the person complaining are enough to get a felony arrest warrant against you.  The best criminal attorneys in Connecticut know that, in many cases, you need to be proactive about presenting your defense during the investigation phase because sitting back and doing nothing often leads to an unchallenged arrest.

Call a Top Connecticut Statutory Rape / Sex Assault Investigation Attorney Today

If you’re contacted by a police officer or are under investigation for sexual assault in Connecticut, don’t make the mistake of handling it alone.  Get a legal team experienced in handling sexual assault investigations throughout Connecticut.  You can read hundreds of reviews from our past clients at Avvo.com.  Then call us anytime at (203) 358-4700.

 

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