It’s almost counterintuitive in today’s collective of sophisticated teenagers who are racing through innocent adolescence into young adulthood. Experimenting with alcohol, drugs, and sex can suddenly and shockingly lead to accusations of statutory rape. You see, as the best criminal lawyers in Darien, New Canaan and Greenwich Connecticut understand, two age-appropriate teenagers who “consent” to sexual contact or intercourse while drunk or high are technically not capable of giving consent under Connecticut law, which considers this conduct statutory rape.
Make sense? Certainly not to most teenagers. Nevertheless, it’s considered rape under Connecticut law punishable by 9 months of mandatory minimum prison time…
Top New Canaan, Stamford, Darien, Greenwich and Wilton Connecticut criminal attorneys and lawyers frequently get calls from parents of teenagers who are accused of having sex with someone who claims—usually days after the sexual contact—that she was too drunk or intoxicated to consent to the sexual contact. While most people think that statutory rape only involves sex with underage children, or teacher-student sex, the best Connecticut statutory rape criminal lawyers know that there’s a little-known subsection of Connecticut statutory rape law that prohibits sexual contact when one of the participating parties is “physically helpless” by drugs or alcohol. This Statutory Rape law is also known as Sexual Assault in the Second Degree (click here for more on fighting Statutory Rape arrests in Connecticut).
But isn’t it okay for teenagers (or even adults) to experiment with drugs and alcohol if they both consent to sexual contact? The answer is no. Police and prosecutors in Darien, New Canaan, Greenwich, Wilton, and Westport Connecticut are taking a hard line in enforcing this law, and will aggressively investigate your child if accusations of physically helpless statutory rape are made against them, regardless of whether they said yes at the time, and no matter how detrimentally a Connecticut statutory rape arrest or investigation will impact your child’s college or job prospects.
For starters, do not have your child speak to the police without first consulting a top Greenwich, New Canaan, Westport, Stamford or Darien Connecticut criminal lawyer attorney. The stakes are way too high. And appreciate the nuance and challenge of a police interview involving drinking and sex, as police are likely investigating a fabricated accusation of nonconsensual, forcible rape against your child. (This is a Sexual Assault in the First Degree accusation by the way). Yet, your child’s defense is that it was consensual and not under duress, and your child can probably prove with eyewitnesses at the party, or with social media, that the accuser willingly agreed to consume alcohol and drugs with your child, and then agreed to engage in sexual contact. But here’s the dilemma that the best Connecticut rape and sex assault criminal lawyers regularly tiptoe around: your defense to a false Sex Assault First Degree accusation is often a full confession to Sexual Assault Second Degree / Statutory Rape charge. Specifically, the defense “it was consensual because we were partying with drugs and alcohol and then hooked up and agreed to have sex and I can prove it” is a full confession to Statutory Rape / Sex Assault in the Second Degree, exposing your child to a felony arrest with 9 months of mandatory jail. So with this in mind, don’t be so quick to provide a statement to police.
If you or your teenager have been accused of rape in Darien, New Canaan, Greenwich, Stamford, Westport, Wilton, or anywhere in Connecticut, be sure NOT to make any statements to Connecticut police about the rape accusations until you’ve had a chance to speak with one of the experienced Connecticut sexual assault criminal lawyers at Mark Sherman Law today. We have helped teenagers in Greenwich, Stamford, Darien and all over the state avoid criminal charges in the face of highly sensitive and serious rape and sex assault accusations. Take a look at our Avvo.com-certified online reviews from our former clients to see what they have to say about their experiences with our form, and then give us a call to set up a consultation at (203) 358-4700.