In recent years, there has been more awareness about the crime of sexual assault with movements like #MeToo. This has often led to prosecutors vowing to get tough on sex crimes – which may lead to overzealous prosecutions.
In Connecticut, sexual assault is an umbrella term that includes a spectrum of sex crimes. The specific sexual assault charge will be based on the facts of the case and the presence of any aggravating factors. Most sexual assault charges are felonies and may result in a decade or longer in prison plus mandatory sex offender registration.
The Sills Law Firm understands that sexual assault allegations carry a heavy social stigma plus the potential for substantial prison time and lifelong consequences. If you have been charged with sexual assault, our law offices will advocate for your rights. Contact our law offices today to schedule a free initial consultation with a Connecticut sexual assault attorney.
Sexual Assault Crimes
In Connecticut, the term sexual assault covers a range of crimes. Sexual assault is charged as either first, second, third, or fourth-degree, depending on the facts of the case. It can also be charged as aggravated sexual assault if certain factors are present.
Sexual assault crimes in Connecticut include:
- Sexual assault in the first degree: commonly referred to as rape, this crime may be charged when a person compels another person to engage in sexual intercourse with them through force or a threat. It may also be charged if a person engages in sexual intercourse with a person who is under the age of 13 and they are more than 2 years older than the alleged victim. This charge may also be brought when a person engages in sexual intercourse with someone who is mentally incapacitated and cannot consent.
- Aggravated sexual assault in the first degree: this crime may be charged when a person commits sexual assault in the first degree and uses or threatens to use a deadly weapon, causes injury to the victim, recklessly causes serious physical injury, or is aided by 2 or more people present with them.
- Aggravated sexual assault of a minor: a person may be charged with this offense if they have sexual intercourse with a person under the age of 13 and they kidnapped or illegally restrained the victim, stalked the victim, used violence to commit the offense, caused serious physical injury, had more than one victim under the age of 13, and/or were previously convicted of a violent sexual assault.
- Sexual assault in the second degree: often referred to as statutory rape, this crime may be charged when a person has sexual intercourse with someone between the ages of 13 and 16 and they are at least 3 years older. It may also be charged when a person is in a position of power or authority over the other individual, or when the other individual is impaired due to a mental disability or disease.
- Sexual assault in the third degree: a person commits sexual assault in the third degree when they compel another person to submit to sexual contact by the use of force or by threat. It may also be charged when an individual subjects another person to sexual contact and that person is mentally incapacitated or impaired to the point that they cannot consent. This crime also includes incest.
- Sexual assault in the fourth degree: this crime may be charged when a person subjects another person to sexual contact when they are a minor, mentally incapacitated or impaired, physically helpless, or under the supervision or authority of the other person. It also covers sexual contact without consent, along with crimes involving bestiality and necrophilia.
For purposes of these laws, sexual intercourse includes both vaginal and anal intercourse as well as oral sex. Any penetration, however slight, is sufficient to be considered sexual assault. This includes penetration with an object. Sexual contact includes any contact with the intimate parts of another person for sexual gratification or to humiliate or degrade the other person.
The specific charge will be based on the facts of the case, including the alleged victim’s age and whether any weapons were used. Some factors – like the victim suffering serious harm or more than 2 people taking part in the assault – will increase the potential punishment for the crime if convicted.
Penalties for Sexual Assault Crimes in Connecticut
Connecticut takes sex crimes seriously. If you are charged with sexual assault, then you may be facing a serious felony charge. Only the least serious of sexual assault offenses – sexual assault in the fourth degree – will be charged as a misdemeanor.
Penalties for sexual assault are based on the charge and the presence of any aggravating factors. They include:
- Sexual assault in the first degree: a class B felony, punishable by a minimum of 10 years in prison.
- Aggravated sexual assault in the first degree: a class B felony, punishable by a minimum of 10 years imprisonment. If the victim was under the age of 16, it is upgraded to a class A felony, with a minimum sentence of 10 to 20 years.
- Aggravated sexual assault of a minor: a class A felony, punishable by a minimum of 25 years in prison for a first offense and a minimum of 50 years in prison for a second offense.
- Sexual assault in the second degree: a class C felony, punishable by 1 to 10 years in prison. If the victim was under 16, it is a Class B felony that is punishable by 1 – 20 years in prison.
- Sexual assault in the third degree: a class D felony, punishable by 1- 5 years in prison. If the victim was under 16, then it is a Class C felony, punishable by 1 – 10 years in prison.
- Sexual assault in the fourth degree: a class A misdemeanor, punishable by less than 1 year in jail. If the victim was under 16, it is a class D felony, punishable by 1 – 5 years in prison.
In addition to prison time, a conviction for sexual assault carries severe collateral consequences. In particular, people convicted of these crimes must register as a sex offender. As a result, they may not be able to live near or visit places where children congregate – like schools and playgrounds. People with a sexual assault conviction also may find it hard to get housing or to get a job.
Because the potential for serious jail time and lifelong consequences is so high, it is critical that you work with an experienced Connecticut criminal defense attorney if you have been charged with a sexual assault crime. They will investigate the facts of your case and research the law to build the strongest possible defense to the charges against you.
Defending Against a Sexual Assault Charge
Sexual assault charges are often based on a statement given by the alleged victim. There are often no witnesses to these crimes. They also often rest on different perceptions of the events – such as one person believing that they had consent while the other person is adamant that they did not consent.
The specific defense used will depend on the facts of the case. Your Connecticut sexual assault defense lawyer may argue that the allegations are false – and DNA evidence or an alibi may back up this claim. Alternatively, they may argue that the sex was consensual.
In some cases, law enforcement uses tactics that violate an individual’s constitutional rights. For example, they may search your phone without a warrant or your consent. They may continue to interrogate you after you have asked for a lawyer. In these situations, your attorney may be able to get evidence suppressed or the charges against you dismissed due to these violations.
If you have been charged with sexual assault, your best option is to reach out to an experienced Connecticut criminal defense lawyer as soon as possible for a confidential consultation. Our attorneys will work with you to develop a strong defense and help you achieve the best possible outcome.
How Our Law Firm Can Help
Sexual assault charges are incredibly serious. In addition to a potentially lengthy prison term, if convicted, you will likely be required to register as a sex offender. This registration can affect every aspect of your life, from housing to employment to personal relationships. Our law firm will fight to protect your rights.
At the Sills Law Firm, we advocate for individuals who have been charged with all types of criminal offenses – including sex crimes. We work hard to help our clients get the best possible outcome, whether that means negotiating a favorable plea deal, getting the charges reduced or dismissed, or taking the case to trial to prove their innocence. To learn more or to schedule a free consultation with a Connecticut sexual assault lawyer, give us a call at 866-970-9818 or fill out our online contact form.
