Norwalk Statutory Rape Lawyer
As defined by Norwalk law, statutory rape occurs when somebody is deemed to be not able to legally provide consent because of their age, certain circumstances or medical conditions, or because of the particular type of relationship that exists between the defendant and the particular individual. It becomes statutory rape because it is not rape in the sense that the act is of sexual intercourse; it is a sexual contact plus the lack of consent.
The lack of consent is presumed based on the fact that one of the circumstances that are defined by statute are present. It becomes statutory rape because those circumstances that are impermissible are defined by the statute. If they do not follow within the definition of the statute then they are not illegal but if they do then they are illegal because they fall within the definition provided by a particular statute.
If you have been accused of statutory rape charges in Norwalk, an experienced defense attorney can help you gather relevant evidence to your case. A Norwalk statutory rape lawyer can help you defend your future by building a strong case on your behalf.
Unlawful Types of Relationships
Any adult having a sexual relationship with any minor under the age of 16 is prohibited. There are some types of relationships where the law basically presumes that the defendant who is accused of perpetrating the sex crime is in a position of power and significant influence over the other person. Because the law knows they would be likely to occur under circumstances where a consent was not able to be provided, there is a very strict prohibition of sexual contact between these two people. For any allegations of these types of relationships in Norwalk, one should contact a statutory rape lawyer.
Impermissible Sexual Relationships
There are many times where students in high school are over the age of 16. However, if a teacher is 26 years old and a student is 17 years old, then they would be able to have sex with each other legally if they were not in a teacher and student relationship. Because they are a teacher and a student and within the same school or even in the same school district, the law says that it is an impermissible sexual relationship and therefore falls under a category of impermissible sexual contact.
Other unlawful relationships include:
- A teacher and a student
- A coach and a student
- A coach and a teen member of a high school team or interscholastic team within a school
- A counselor and a somebody who is under the care of a state department
Those are some examples of relationship prohibitions between two people that is not permissible because of the nature of the relationship notwithstanding the ages of the people involved. A Norwalk statutory rape lawyer can help someone navigate the trial preparation process before proceeding with their case.
Recognition of Romeo and Juliet Clauses
The Romeo and Juliet clauses are for people that are both teenagers but that could potentially fall within the confines of a statutory rape situation. The law basically says it is prohibited for an adult to have sex with a minor or somebody under 16, so what happens when a 16 and a half or a 17-year-old should not have sexual relations with somebody under the age of 16.
They may be in high school together, they may even be one grade apart, their parents might know they are dating, or everyone in the school knows they are dating, and everyone knows they are engaging in sexual relations and have no problem with it and eventually they have sex. However, if somebody decides to report it to the police, while under the statutory definition if there was no other change to the definition that would be statutory rape, it may be socially acceptable, but it could be considered statutory rape in Norwalk.
Cities in Connecticut started to realize that this did not make too much sense and it really was not aimed at prohibiting two teenagers from having a relationship. It was supposed to be aimed at an adult taking advantage of a young person and abusing their influence over that young person but it could happen where two young people are involved and are consenting to the conduct. Statutory rape lawyers in Norwalk have seen acceptions to the Romeo and Juliet clause which basically makes certain exceptions for people that are within a permissible age range and this is an exception to the rules that would otherwise exist.
Age Range
Under the law, it is illegal for somebody to have sex with somebody under 16 years old as long as they are more than two years older than the person at the time or three years older than the person at the time that the actual encounter takes place. What the Romeo and Juliet clauses cover is if somebody is 15 years old was to have sex with someone up to the age of 18 and a half years old would not be considered a statutory rape.
This might occur if there is a senior who has a form of sexual contact or sexual intercourse with a person who is a sophomore or junior in high school who happens to be younger. This would be permissible under that kind of clause so it takes them out of the realm of statutory rape.
If the alleged victim is between the ages of 13 to 16, then the other person has to be within three years of their age. This means a 16 and half-year-old can have sex with a 13 and half-year-old, or a 14 and half-year-old can have sex with anyone up to 17 and a half years. However, if they are under the age of 13, the defendant cannot be more than two years older. Facing such accusations are serious and the individual should consult with a Norwalk statutory rape lawyer before proceeding to trial.