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Consent in Darien Sexual Assault Cases

The concept of consent plays a major role in many Darien sexual assault cases. If you were accused of sexual assault, seek legal assistance from a top CT attorney.

Is Connecticut an Affirmative Consent State?

Connecticut is generally not an affirmative consent state, but the rules can be different on college campuses. If a campus follows affirmative consent rules, individuals must affirmatively say yes to consent to any sexual encounter.

What is the Age of Consent in Darien?

The age of consent in Darien and throughout Connecticut is 16. However, Romeo and Juliet clauses are relevant in some cases. Under these laws, it is not a criminal act for younger people who are closer in age to engage in sexual contact or intercourse. The parties usually need to be within two years of each other.

When are Individuals Considered Incapable of Giving Consent?

Under the Connecticut General Statutes (C.G.S.), individuals who are in any way physically or mentally incapacitated cannot consent to sexual contact. For example, if someone is under the influence of any drugs or alcohol, they are not capable of legally giving consent. Likewise, if a person was impaired by a mental illness or disability, they may not be legally capable of consenting to sexual activities.

How do Drugs and Alcohol Impact a Sexual Assault Case?

If the alleged victim was under the influence of drugs or alcohol, they were legally incapacitated and unable to give legal consent. It does not matter if the offender was also under the influence.

The evidence used to establish the level of intoxication at the moment of the incident is usually based on testimony. If an alleged victim is taken directly to the hospital after the sexual assault occurred, however, a toxicology screen can be done to show the level of drugs or alcohol in their system. That evidence could be used to infer that the individual was intoxicated at the time of the alleged assault.

Is Forensic Medical Examination Evidence Considered Accurate?

Juries often find evidence from a forensic medical examination very compelling. To contest this evidence, it is important for a criminal defense attorney to hire their own expert to test the accuracy of the evidence and show any weaknesses in the way the evidence was gathered or in the actual findings.

Reach Out to a Darien Sexual Assault Attorney

If you were accused of sexual assault in Darien, you could benefit from retaining an aggressive criminal defense attorney. Without representation, you risk jail time, fines, a permanent criminal record, and mandatory sex offender registration. A skilled lawyer can analyze the facts of your case to find weaknesses in the evidence and craft a powerful defense. Call Mark Sherman Law today to learn more.