Darien Rape Lawyer

The act of forcefully engaging in sexual intercourse without the other party’s consent is taken extremely serious by law enforcement authorities and prosecutors. An experienced Darien rape defense lawyer could help protect your rights and build a solid defense to fight the charges.

Is Rape and Sexual Assault The Same Offense?

Under current Connecticut law, there are four degrees of “sexual assault” that a person may face charges for, each differentiated by the capacity of the non-consenting party to consent to sexual activity, the alleged use or threat of force by the perpetrator, and whether the illicit conduct in question constituted sexual contact or sexual intercourse. The act of “rape”—using force to compel a non-consenting person to engage in sexual intercourse—qualifies as sexual assault in the first degree.

More specifically, Connecticut General Statutes §53a-70 defines all the following actions as first-degree sexual assault:

  • Using threatened or actual force to compel sexual intercourse
  • Sexual intercourse with a person under 13 years old and at least two years younger than the perpetrator
  • Committing second-degree sexual assault with aid from two or more other people present during the commission of the act
  • Sexual intercourse with a mentally incapacitated person who cannot consent to sex

First degree sexual assault is a class B felony that may result in one to 20 years in prison and a maximum $15,000 fine unless the non-consenting individual is under 16, in which case the offense become a class A felony punishable by 10 years in prison at minimum and a maximum sentence of 25 years. A Darien rape attorney could go into further detail about what penalties may be possible in a specific situation.

What Constitutes “Aggravated” Rape in Darien?

A person accused of “aggravated sexual assault in the first degree” may face even more substantial penalties upon conviction, despite the offense technically falling within the same felony classes as the lesser variant of this offense. As per C.G.S. §53a-70a, first-degree sexual assault qualifies as “aggravated” if it involves any of the following:

  • The perpetrator being armed with a deadly weapon at the time of the offense
  • An intent by the perpetrator to cause permanent disfigurement and/or serious bodily harm
  • “Extreme indifference to human life” from the perpetrator
  • The perpetrator being assisted by two or more individuals who are present for the offense

As a rape lawyer in Darien could affirm, aggravated first-degree sexual assault of an adult is punishable by ten years in prison at minimum, with five of those years not eligible for suspension under any circumstances. If the alleged target of this act is under 16, the mandatory minimum sentence grows to 20 years- that cannot be suspended or reduced.

Talk to a Darien Rape Attorney Today

Following an accusation for a sexual offense, you should reach out to a Darien rape lawyer who could help you fight your case. Click here to read why so many people, just like you, have enjoyed working with the lawyers at Mark Sherman Law on Avvo.com, and call today to get started.

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