Norwalk Rape Lawyer

As defined by state law, rape is a sexual assault that includes any degree of sexual contact or intercourse that is not consented to by the other person. Not consenting either means (1) the person has specifically not given their consent or (2) they are incapable of giving their consent either because of their age or their circumstances at the time.

Sexual offense charges can be complex and penalties can be extensive, so it is important to retain an experienced Norwalk rape lawyer who could guide you through the legal process. An accomplished defense attorney could help you avoid devastating penalties.

What Constitutes Rape?

“Committing a sexual act” consists of any kind of force of an intimate part or a body part into another person. Moreover, any type of sexual contact with the intimate parts of another person for the purpose of sexual gratification and not just an accidental rubbing up against somebody’s body parts, such as on a public subway, is done for the purpose of gratification or to degrade or humiliate the person.

In order to constitute sexual assault, however, a person must actually have sexual contact or intercourse with another person. The next thing to consider is whether there was consent by the other person to receive that sexual contact or intercourse.

What Does an Inability to Give Consent Mean in a Rape Case?

Because of their age or mental capacity, certain individuals are deemed unable to give consent. If they are under 16 years of age in Connecticut, they are considered a minor and are therefore incapable of giving consent to an adult for sexual contact. In this case, any sexual contact or intercourse by itself is a rape, regardless of whether this minor expressed their desire for this type of contact.

When Is Someone Materially Unable to Consent?

There are also various circumstances under which someone who is over the age of 16 may be considered unable to consent to sexual intercourse, in which case the Connecticut penal code would consider anyone who engages in intercourse with that person to have committed an act of rape. For example, anyone who is substantially cognitively impaired due to a mental disease or disability or who is physically helpless is considered unable to consent to sex. Likewise, anyone who is physically incapacitated due to consumption of an intoxicating substance cannot consent to sexual contact or intercourse under state law.

The Connecticut penal code also addresses sexual intercourse that occurs between two people with a significant power imbalance between them that makes the person with lesser authority materially unable to consent to sex. Specifically, any of the following relationships may be considered rape under state law if they result in intercourse between the involved parties:

  • A person under 18 and that person’s legal guardian, or a person under 18 and anyone responsible for general supervision of their welfare;
  • A person detained in a hospital or penal facility and a person with disciplinary or supervisory authority over the detained individual;
  • A psychotherapist and their patient;
  • A person who falsely claims that sexual contact has a bona fide medical purpose and the person they are treating;
  • A school employee and an enrolled student;
  • An instructor or athletic coach and a secondary student they are instructing; and/or
  • Anyone 20 years old or older and someone else the first party has professional, volunteer, or legal authority over.

Potential Consequences of a Rape Conviction

In colloquial terms, rape typically involves sexual intercourse and often the use or threat of force by the perpetrator, so it is usually prosecuted as either second-degree sexual assault or first-degree sexual assault, which are respectively Class C and Class B felony offenses if committed against a person over 16 years old. Each offense gains one degree of severity if committed against a person under 16 years old, respectively becoming either a Class B or Class A felony.

Both Class C and Class B felonies are punishable by a mandatory minimum prison sentence of at least one year in length, up to respective maximum terms of 10 years and 20 years. A Class A felony conviction could result in a prison sentence between 10 and 25 years in length, and the aggravated sexual assault of a minor carries a unique potential sentence of 25 to 50 years.

Speak with a Norwalk Rape Attorney

In these cases, it is important to have an attorney who knows what resources are available to help them with this particular defense for their client. Our skilled Norwalk rape attorneys have an in-depth understanding based on their experience about what various aspects of a rape case can mean and what factors are important to look into. Click here to read our over 300 certified client reviews on Avvo.com, and call us today to schedule your confidential consultation.

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