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Weston Rape Investigations

Weston rape investigations can be intrusive, and your statements or actions can be used against you. It is advisable to consult an experienced sexual assault attorney before answering any questions from the police or others involved in the investigation.

What is the Burden of Proof in Sex Crime Investigations?

In crime dramas on TV, we hear about proof beyond a reasonable doubt. This is the real standard for a criminal conviction. Prosecutors have the burden of proving every element of the crime charged beyond a reasonable doubt before guilt can be found.

This, however, is the standard for proving guilt at trial. For an arrest to be made, the police need only have what is known as “probable cause”. This standard is much lower than the trial standard of beyond a reasonable doubt.

Probable cause is a standard that is not clearly defined either in state statutes or case law. Generally, it may be understood that police have probable cause when they have reasonable grounds for believing the person accused violated an identifiable law.

What Are My Rights During a Police Investigation in CT?

The U.S. and Connecticut Constitutions provide several protections and specify the rights of those accused of rape or other crimes. An individual has the right to be informed of the “nature and cause of the accusation.” However, if charges have not yet been filed during Weston rape investigations, an individual may not be able to assert that right.

One of the most important rights held by someone accused of a crime is the right to avoid self-incrimination, often referred to in Weston as the right to remain silent. However, the right must be asserted by the individual to be effective. If people choose to speak to police during investigations, what they say may be used against them later. Many people find it beneficial to refrain from speaking unless their attorney is present to advise them.

Individuals also have the right to be free from unreasonable searches. However, if they consent to a search during a rape investigation, they forfeit this potentially valuable right. When police conduct a search pursuant to a warrant, individuals may be advised to review the warrant, determine the scope of the search allowed, and refuse to consent to additional searches.

What do Prosecutors Have to Prove in CT Rape Cases?

Rape is actually a set of sexual assault crime, the Connecticut Statutes have varying degrees of sexual assault, for example, sexual assault in the first degree, defined in Connecticut General Statutes §53a-70, involves compelling a person to engage in sexual intercourse by the use or threat of force.

Engaging in sex with a minor under the age of 13 or with a mentally incapacitated individual is also treated as first-degree sexual assault. Aggravated sexual assault, under CGS § 53-70a, involves factors such as the use of a weapon or intent to cause serious injury.

Let a Weston Rape Investigations Attorney Help with Your Case

First- and second-degree sexual assault are penalized as Class A, B, or C felonies. Those convicted face up to 10-25 years in prison and thousands of dollars in fines. In addition, the damage to reputation and personal life may be irreparable.

Therefore, anyone involved in Weston rape investigations should consider consulting a criminal defense lawyer for advice as soon as possible. Rape investigations can have far-reaching effects for everyone involved, so counsel from an experienced legal advocate can prove valuable in both the short and long term. Call Mark Sherman Law today for a consultation.