Fairfield Rape Lawyer
Are you facing accusations of rape or sexual assault? A Fairfield rape lawyer could provide strong advocacy and increase your chance of a positive resolution to your charges.
What is Sexual Assault in the First Degree in CT?
The offense commonly referred to as rape is defined as first-degree sexual assault in Connecticut. Under Connecticut Penal Code (C.G.S.) § 53a-70, individuals commit sexual assault in the first degree when they:
- Compel others to have sex by using or threatening force and creating a reasonable fear of injury;
- Have sex with a person under the age of 13 and who more than two years younger than them
- Commit second-degree sexual assault aided by two or more persons who are present for the crime
- Have sex with others who are so mentally incapacitated that they cannot give consent
What are the Penalties for Class B Felony Rape in Fairfield?
First-degree sexual assault is generally a Class B felony under state law. It carries a sentence of up to 20 years in jail. For most first-degree sex assaults, there is a mandatory minimum 2 years in jail. If the victim is under 10 years old, the mandatory minimum is 10 years. Mandatory minimum means that period of jailtime cannot be suspended in any way.
What are the Penalties for Class A Felony Rape?
Sexual assault in the first degree becomes a Class A felony in a couple of situations. Generally speaking, Class A felonies carry the exposure to life in jail. If the victim is under 16 years old and the perpetrator used or threatened the use of force there is a 5 year mandatory minimum; if the victim is under 13 years old and the perpetrator is at least 2 years older than them there is a 5 year mandatory minimum; if in either of those situations the victim is under 10 years old, there is a 10 year mandatory minimum.
What is First-Degree Aggravated Sexual Assault?
Certain factors can make a rape charge even more serious by elevating it to an aggravated rape charge. C.G.S. §53a-70a establishes the offense of aggravated sexual assault in the first degree, which occurs when individuals, in the course of committing the crime:
- Possess, display, or make the victim think they have a deadly weapon
- Intentionally cause severe and permanent disfigurement, or permanently destroy or disable a bodily member or organ of the alleged victim
- Engage in reckless conduct that creates a risk of death to the alleged victim and causes serious physical injury
- Are aided by two or more persons physically present for the sexual assault
Aggravated sexual assault is still a class A felony, but the mandatory minimum jail sentences are more severe, with some as high as 20 years. A rape attorney in Fairfield may be able to advise of the full range of penalties that individuals could face in the event of a conviction.
A Fairfield Rape Attorney May Be Able to Help
If law enforcement accuses you of rape, your first step should be to contact an experienced Fairfield sexual assault lawyer for advice. Speaking to the police before talking to an attorney can provide the police with more evidence to use against you. Read what our past clients have to say about working with us at avvo.com and call Mark Sherman Law to discuss your options and begin building a defense.