Norwalk Rape Lawyer
Under Connecticut law, rape is any degree of sexual contact or sexual intercourse that is not consented to by the other person. This either means the person has specifically not given their consent or they are incapable of giving consent because of their age or circumstances. These circumstances can include mental incapacity due to drugs or alcohol, or if there are medical conditions present.
If you face accusations of rape, you should reach out to a Norwalk rape lawyer today. Rape charges have serious consequences, and you should not risk going to court without a seasoned defense attorney by your side.
Elements of a Rape Charge
The first element of a rape charge is that a sexual act occurred. This can include sexual intercourse or any other type of sexual contact. Sexual contact is any kind of contact with the intimate parts of another person for the purpose of sexual gratification or to degrade or humiliate that person.
The next thing to consider is whether there was consent by the other person to receive that sexual contact or intercourse. If there is no consent, then it becomes a serious violation of that person’s sanctity and privacy. This is what crosses it over the threshold into a crime.
Some people, because of their age or mental capacity, are deemed to not be able to give consent. For example, if they are under 16 years of age in Connecticut, they are deemed to be a minor and therefore incapable of giving consent. If a person is otherwise deemed to be mentally incapable of providing consent, then sexual acts with that person will be criminal violations. A Norwalk rape attorney can explain these elements in more detail during a consultation.
Aggravating Factors
One aggravating factor is the age of the victim. If somebody is 16 years old, they are a minor. Other aggravating factors include a person’s mental capacity. If the person is either passed out or mentally incapacitated by a medical condition or intoxication, those are aggravating circumstances. Other circumstances considered are the degree of force that is used to commit the rape.
When somebody uses a high degree of force to commit the rape, either with their physical faculties or with a weapon, it aggravates the circumstances substantially. Also, there may be multiple people involved.
Penalties for a Rape Conviction
Potential penalties for a rape conviction can include any combination of:
- Jail time
- Probation
- Fines
- Protective orders prohibiting contact with the alleged victim of the crime
Because these penalties have serious impacts on an individual’s life and future, someone accused of rape should consult with a Norwalk rape attorney without delay.
Unique Aspects of CT Rape Cases
The best Connecticut attorneys understand that the intimate relationship between the people involved can make rape cases different from other crimes. The nature of this type of case means it is usually a two-person situation, and there are rarely other witnesses to the actual events.
In addition, rape cases are unique because of the degree of medical evidence needed to speak to what actually happened during the events. Other evidence is particular to these types of cases, like sexually transmitted diseases and other kinds of genetic material. This sort of evidence speaks significantly to the existence of sexual contact because it would not ordinarily be there unless there was a sexual event.
Work With a Norwalk Rape Attorney
Rape accusations are very sensitive issues. These cases are very specific, and there are different sets of rules in terms of the types of evidence that can be used. There are a lot of unique aspects of sex crimes cases, so it is important to get an attorney who is experienced. A top Norwalk rape lawyer knows what to look for, and more importantly, they know what not to bother with or what not to use because it is impermissible under the circumstances. Reach out to our team to begin working towards the optimum outcome in your case.