New Canaan Statutory Rape Lawyer
If you were accused of statutory rape in New Canaan, you should not risk appearing in court without a lawyer by your side. A top defense attorney could help refute the evidence against you and fight for a favorable outcome in your case.
What is Statutory Rape in New Canaan, CT?
Statutory rape is formally known in Connecticut as sexual assault in the second degree. Under Connecticut General Statutes (C.G.S.) §53a-71, it occurs when an individual has sexual intercourse with another person who legally cannot consent. This could be due to an age difference between the parties, mental or physical impairment, or due to the relationship between the individuals.
Sexual assault in the second degree can be charged if the alleged victim is older than 13 but less than 16, and the alleged actor is more than three years older. Additionally, this offense occurs if someone has sexual intercourse with someone who is physically helpless or who cannot consent because they are impaired by a mental disability or disease.
What Relationships are Prohibited Under CT’s Statutory Rape Law?
In addition to age and disability, someone may be legally incapable of consent due to their relationship with another person. For example, sexual intercourse is prohibited between doctors and their patients. Other special relationships covered by the statute include:
- Someone under 18 and their guardian
- Someone detained by law enforcement or a hospital and the individuals responsible for their supervision
- Psychotherapists and their patients, if the patients were emotionally dependent or the sexual intercourse by deception
- Students and individuals employed by the school district
- Individuals in positions of “power, authority, or supervision” over minors who are in their care
When do New Canaan Authorities Press Statutory Rape Charges?
When a complaint is taken to the police station, the investigation usually will be assigned to a detective with the Special Victims Unit. That detective will investigate the complaint and decide whether or not there is enough evidence to press charges for statutory rape.
Importantly, the decision about whether to prosecute is up to the state, not the alleged victim. Even if the alleged victim does not wish to press charges, prosecutors may still pursue the alleged actor to the full extent of the law.
How can a Statutory Rape Lawyer Help?
An experienced lawyer may be able to work with the police department and decide whether or not it will be helpful for the person under investigation to give a statement. If the person has not yet been arrested, a defense lawyer may be able to facilitate a surrender and avoid the arrest altogether.
Top defense attorneys can perform a careful analysis of all the facts surrounding a statutory rape case. They can determine how much evidence the prosecution has, how strong the case against the person is, and whether they believe the state can prove the accused is guilty.
Contact a New Canaan Statutory Rape Attorney Today
An aggressive defense is often the best approach to a statutory rape charge. This offense is extremely serious, and a conviction or even arrest has the potential to affect the rest of a person’s life. In some cases, it is important to try to get in front of the charges by working with the police and prosecutor to negotiate a possible disposition. In other situations, it may be wise to gather as much evidence as possible to refute the allegations.
For help building a strong, case-specific defense strategy, contact a New Canaan statutory rape lawyer at Mark Sherman Law.