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Connecticut Sexual Assault Prosecutions

If you are being prosecuted for sexual assault in Connecticut, you could face serious consequences including incarceration. Contact a top sexual assault defense attorney for help with your case.

What Happens if the Alleged Victim Chooses Not to Press Charges?

In a sexual assault case, deciding whether or not to prosecute the accused is up to the State, not the alleged victim. Even if the alleged victim contacts the courthouse or the state’s attorney and says that they want the case dropped, once an arrest has been made, the court is going to prosecute that case.

The alleged victim may refuse to testify and choose not to be involved, but this does not always end a case. The prosecution can still bring charges based on other evidence of the events.

When Does the State Decide to Drop the Charges?

The state of Connecticut may decide not move forward with sexual assault charges if the prosecution examines all the evidence and does not have a strong and credible case. If the alleged victim’s testimony is a large part of the evidence, the prosecution may decide not to move forward with a case. Ultimately, the decision of whether or not to prosecute sexual assault charges depends on the specific evidence available in the case.

To determine whether to proceed at the trial, the district attorney examines the evidence and also works with the defense attorney. The defense attorney presents any evidence they have of the accused’s innocence, why they should not be charged with the crime, or why there should be a lesser charge.

At this point, the district attorney uses this information to examine the case law in Connecticut about what actually constitutes sex assault under the statutes. They speak with the alleged victim, with the alleged victim’s family, and with any other involved person or witness. They typically examine all those factors before deciding whether or not to proceed at trial.

Can a Sexual Assault Case be Resolved with a Plea Deal?

A sexual assault case could be resolved with a plea deal depending on the nature of the case and the position of the alleged victim. If the alleged victim wants prosecution, the State’s Attorney considers this when deciding whether to offer a plea deal. Sometimes, the defense attorney and the state’s attorney negotiate over what specific charges the defendant would be pleading guilty to, whether or not they would be serving jail time, and what their criminal record would be moving forward.

Discuss Your Case with a Connecticut Sexual Assault Attorney

If you are being prosecuted for sexual assault in Connecticut, your future is on the line. You could face jail time, heavy fines, a permanent criminal record, and mandatory sex offender registration. The consequences of a sexual assault conviction can follow you for the rest of your life, harming your personal and professional reputation. For help building a strong defense, call Mark Sherman Law.