Building a Defense to Connecticut Sexual Assault Charges
Sexual assault charges could have serious consequences for those who have been convicted. Not only would someone have to sign up for the Sex Offender Registry, but they could serve jail time as well. If you want to know more about building a defense to Connecticut sexual assault charges, speak with a capable sexual assault attorney. A seasoned lawyer could examine the facts of your case and determine what defense strategies are right for you.
The Role of Lack of Intent in Sexual Assault Cases
In statutory rape charges in Connecticut, there is no intent element, meaning that someone’s intention does not matter. Whether or not they knew if someone was under the age of consent is a mitigating circumstance but it does not affect whether or not someone is charged with statutory rape. Otherwise, if they intentionally interacted in sexual contact with someone who was underage, it would not necessarily matter in statutory rape cases.
Consent and False Accusations as Defense Strategies
One of the other strategies an attorney could use when building a defense to Connecticut sexual assault charges when handling a spousal or cohabitating relationship case is that the sexual contact was consensual. Another defense would be that there was no sexual contact at all and that that the allegation was made up or that the alleged victim is lying to the police department.
Requesting That Evidence be Tested for Accuracy
When building a defense to Connecticut sexual assault charges, an experienced criminal defense attorney could request the same or other evidence to be tested for accuracy. It is not typical for evidence to be processed right away. Even though it might be preserved, it takes a long time for these tests to get completed.
If the test is completed and it is damaging towards the defense, it would be helpful for the criminal defense attorney to request it be tested again for accuracy or to hire an expert that could testify as to why it is not accurate because this evidence is extremely compelling in court. It is important to undermine its accuracy if at all possible and to show any weaknesses in the evidence or in the way it was collected or tested, if possible.
Defense Strategies an Attorney Could Use to Mitigate Penalties
The defense strategies a criminal defense attorney may use include submitting mitigating circumstances or documents to the court to decrease the penalties a person could face. Another strategy might be to just challenge the allegations altogether and submit evidence for any testimony about why the allegations are untrue, the sexual encounter was consensual, or even the defendant thought that the sexual encounter was consensual and they did not mean to commit any sexual assault. Another mitigating circumstance might be that the defendant was not aware that someone did not consent at the time and now that they have been made aware, they are extremely remorseful and never intended this outcome.
The Benefit of a Connecticut Sexual Assault Attorney
Experienced criminal defense lawyers can help with building a defense to Connecticut sexual assault charges in these cases by investigating the allegations. They could review any medical documents that are submitted by the alleged victim in the case. An experienced defense attorney could hire a private investigator to speak to the alleged victim or to any witnesses of the incident to see if the story changes between what was reported to the police department and what was being reported to the private investigator. The criminal defense attorney could also build a defense by putting together mitigating documents on their potential client about why this incident would have been completely out of character for the defendant. If an individual wants to know more about building a defense, they should consult a skilled attorney that could fight for them.