Darien Date Rape Lawyer
Sexual assault can occur in various contexts, including between couples who are dating, in long-term relationships, or even already married. If you are facing accusations of “date rape,” either because you allegedly engaged in sexual conduct with someone who did not consent or because the other person was too intoxicated or substance-impaired to consent, effectively enforcing your legal rights and defending yourself from criminal prosecution can be challenging.
Retaining a Darien date rape lawyer with experience handling these kinds of cases could make a tremendous difference in your chances of avoiding serious legal, professional, and personal repercussions. Even if you have no previous criminal record, having a knowledgeable defense attorney on your side may be vital to achieving a positive outcome.
What Is “Date Rape” Under State Law?
Date Rape occurs when an individual sexually assaults someone they are in an intimate or dating relationship with. It could happen on a first date; it could happen 10 years into a relationship. If you’re arrested for “date rape” you’ll be charged with some variant of sexual assault depending on the specifics. A Darien date rape attorney could provide more specific information about how state law addresses this type of offense and what charges a particular person might find themselves facing.
Oftentimes, allegations of date rape go hand in hand with drugged drinks. As a general rule, a person who engages in sexual contact—a term which means physical contact with someone’s intimate parts for the actor’s sexual gratification or the target’s degradation or humiliation—with someone who materially cannot consent to sex due to intoxication or mental impairment has committed fourth-degree sexual assault under Connecticut General Statutes (C.G.S.) §53a-73a. Sexual contact compelled through force or through the threat of physical violence, on the other hand, is sexual assault in the third degree under C.G.S. §53a-72a.
C.G.S. §53a-71 defines sexual intercourse—a term which covers both penetrative and oral sexual acts—with someone materially unable to consent as second-degree sexual assault. Finally, C.G.S. §53a-70 defines first-degree sexual assault as someone using or threatening violence to compel sexual intercourse.
What Are the Potential Penalties from a Date Rape Conviction?
The degree of sexual assault that state authorities choose to prosecute an alleged date rape under determines the severity of penalties that may follow a conviction. Fourth-degree sexual assault is the only form of sexual assault which may be prosecuted as a misdemeanor, with all other such offenses being classified as felonies. A date rape lawyer in Darien could provide guidance about what sanctions a specific offense could produce during a confidential consultation.
The harshest penalties generally associated with date rape are those associated with first-degree sexual assault, a class B felony punishable by up to 20 years imprisonment as well as substantial fines. However, sexual assault involving the use or brandishing of a deadly weapon, resulting in serious injury to the person targeted, or involving aid from two or more other people present during the assault may constitute aggravated first-degree sexual assault under C.G.S. §53a-70a, which is punishable by a minimum 10-year sentence with five years being non-suspendable.
Seek Legal Help from a Darien Date Rape Attorney
Date rape allegations can throw your life into disarray that may last for months or even years after your criminal case concludes, regardless of the outcome. On top of that, a single conviction could leave you facing steep fines, prison time, and potentially mandatory registration as a sex offender.
Defending your rights and interests in situations like this could be much easier with support from an experienced Darien date rape lawyer. On Avvo.com, you can read about the experience of the lawyers at Mark Sherman Law from people who were in similar shoes to yours. Call today to learn more.