Darien Statutory Rape Lawyer

Most people have heard the phrase “statutory rape” but many don’t know exactly what that means. Certain persons are materially incapable of consenting to sexual activity. If you partake in sexual activity with someone falling in this group, you can be arrested for “statutory rape”. Some people in this group are minors and those who are otherwise incapacitated.

Working with a defense attorney who has dealt with statutory rape cases previously and achieved positive results on behalf of defendants can be vital to protecting your best interests and preserving your future prospects. From start to finish of your legal proceedings, a Darien statutory rape lawyer could work diligently to build and execute upon a strong defense strategy tailored to your specific situation.

How Does Darien Define Statutory Rape?

Statutory rape is most commonly charged in situations where someone has sex with an individual under Connecticut’s age of consent, 16. The Connecticut penal code uses the language, “sexual assault” of a minor, and the gist of the law is that there are no circumstances under which a person under 16 years or younger can ever consent to sexual activity with an adult. Accordingly, any adult who has sex with someone under 16 has committed felony sexual assault regardless of whether or not force was used or threatened to compel sexual intercourse.

Are There Any Defenses to Statutory Rape?

However, there are two exceptions that could potentially serve as defenses to statutory rape allegations in certain situations. First, Connecticut General Statutes (C.G.S.) §53a-67 prohibits prosecution of individuals living in legally married and/or cohabitating relationships for statutory rape, regardless of whether there is an age gap between the two parties that would otherwise make sexual intercourse between them unlawful.

Second, the Connecticut penal code has “Romeo and Juliet” exceptions to statutory rape laws to ensure that teenagers who have consensual sexual intercourse with others their age are not inappropriately charged with serious felony offenses. As a Darien statutory rape attorney could explain, sexual acts with a minor between 13 and 16 years old is only illegal if the other party is more than three years older than that minor, and intercourse with a minor under 13 is unlawful if the other party is more than two years older.

How Do Courts Prosecute Statutory Rape?

The term “statutory rape” does not appear verbatim anywhere in the Connecticut Penal Code. Instead, law enforcement authorities generally prosecute unlawful sexual intercourse with a minor as a form of second-degree sexual assault, which C.G.S. §53a-71 defines as a class B felony punishable by a maximum 20-year prison term as well as up to $15,000 in fines.

Importantly, though, this statute only covers statutory rape of a minor between 13 and 16 years old. If the minor involved is under 13 and none of the affirmative defenses mentioned above apply, this type of statutory rape is a class A felony for which a mandatory minimum 10-year prison sentence may be imposed upon conviction. (See C.G.S. § 53a-70). Assistance from a seasoned statutory rape defense lawyer in Darien could be even more crucial to effectively contest allegations of this nature.

Contact a Darien Statutory Rape Attorney Today

Statutory rape can have calamitous personal and professional consequences even if your case begins and ends with a mere allegation that does not lead to criminal conviction. If you are convicted, you will remain a sex offender in Connecticut for a minimum of 10 years after a first offense and for life for any subsequent conviction. To learn more, click here. All of this on top of the prison time and financial penalties you may face.

Getting professional legal support from a Darien statutory rape lawyer should be a priority as soon as you learn of an investigation or accusation of this type of offense. Call today to schedule a meeting with our tenacious team of Avvo 5-star rated defense attorneys.

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