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Statutory Rape Defense: Fighting Connecticut Sexual Assault Second Degree Charges

  • Having sex with someone who is drunk or physically helpless is a felony under C.G.S. § 53a-71.
  • If the victim is under 16 years old, the penalties increase.
  • Connecticut statutory arrest also include sex with underage teenagers (under 16) and teacher-student sex.

What Are the Penalties for Connecticut Statutory Rape Arrest?

It’s a Class C Felony. You can be sentenced to 10 years in jail, and a fine of $10,000. If the alleged victim is under the age of 16, the crime is a Class B Felony. In this situation your prison sentence could be up to 20 years and your fine up to $15,000.

Is There Mandatory Jail Time for a Connecticut Statutory Rape Arrest?

Yes. Nine months in jail is the mandatory minimum. Sex offender registration, and sex offender probation are burdensome, embarrassing, and can prove to be a real impediment to gaining employment, housing, and even relationships. Further, if the victim was a minor you may face investigation by the Department of Children and Families.

Who Is Considered Physically Helpless under Connecticut Rape Law?

There are several scenarios under which someone can be considered physically helpless under Connecticut law. First is a situation where a person is unconscious. If someone is passed out drunk at a party and you have sexual contact or intercourse with them, you can be arrested for this crime because that person cannot physically give consent. Other scenarios in which someone is considered physically helpless is when they physically cannot resist a sexual act and when they physically cannot communicate unwillingness.

How Do Connecticut Police Prove Physical Helplessness in a He Said / She Said Case?

There’s a solid chance that no one else was witness to the encounter, so oftentimes it is one person’s word against another. This can make it increasingly hard to defend against these kinds of charges. It’s important to not give up though, because the penalties can be harsh.

How Can I Fight My Charges?

When you work with any of the best Connecticut criminal defense lawyers who handle rape cases, you will have time to investigate and build a defense to try and avoid the above penalties. Most often, sex assault arrests come after an investigation. If you know or suspect that you are under investigation for second degree sex assault, you can hire an attorney before any arrest is made. Starting early to preserve any evidence that may exist and communicate effectively with the police can mean the difference between an arrest and getting your case dropped. Text messages, photographs, witness statements from people you were with the night in question can be helpful in disproving the allegations.

Consent is a Defense in Some Sex Assault Cases

Consent can be challenging to prove, but a lawyer who has handled sex assault cases in the past can help fully explain its role to you. To learn more, click here.

What’s the Difference Between First and Second Degree Sexual Assault?

First degree sex assault, formerly known as rape, is forcibly compelling someone to engage in sexual intercourse or having sex with someone under the age of 13. It is punished as either a Class B or Class A felony. There are also aggravating factors that can make the crime more severe.

Second degree sexual assault falls under several categories, including but not limited to, statutory rape, which is having sexual intercourse with a person under the age of 16; sexual intercourse with someone physically helpless; or intercourse with someone impaired due to mental disability severe enough to make them uncapable of consent.

Get Help from a Top Criminal Defense Attorney

If you believe you’re being investigated for sex assault in the second degree, or you’ve already been arrested, now is the time to begin building a strong defense. Having someone in your corner to fight for you can mean the difference between a jail sentence and clearing your name. To learn more about the benefits of a lawyer, check out our certified 5-star client reviews here, and give us a call today at (203) 358-4700 to begin building your defense.