What Kind of Penalties Can You Expect When Faced With Sexual Assault Charges? 

All opinions are mine and mine alone.

What Kind of Penalties Can You Expect When Faced With Sexual Assault Charges? 

Every person is different. What is acceptable behavior for one person, could be completely unacceptable to the next person. Misunderstandings happen. People give off the wrong signal in different settings. However, sexual assault or an attack of a sexual nature is never a joke or “okay”.  

The legal term for a sexual assault is different from state to state and the federal government also has a slightly different definition. If you are being accused of an assault or attack of a sexual nature, you will need to find legal representation sooner rather than later. To find help when charged or accused of a sexual crime, you may need to interview a few different lawyers before you find one that you trust and can work with.  

Before you go out and find someone to represent you, you need to know what you are facing. Below is a breakdown of what kind of penalties you can expect when facing sexual assault charges.  

Was Consent Given?  

The basis for any defense is going to rely on consent. The lack of consent, a definite “yes, you can touch me” is going to be what needs to be proven for a person’s innocence.  

If the person you attempted to have sex with is unable to consent to your touch, because they are incapacitated becomes another layer in the proof of guilt or innocence. Perhaps the individual had too much to drink or they are on drugs.  

The law is different when the individual has an impairment such as a mental illness or has a physical disability. The issue then becomes what degree of their impairment allows them to understand consent.  

Person of Authority  

There are different laws in many states regarding a person of authority attempting to have sex with their ward or employee. The relationship between a boss and employee, a police officer and someone they have arrested, a teacher, and a student are all considered as having one person having more power over the other. This type of assault has its own penalties and issues of proof.  

Penalties 

Sexual assault such as rape will carry a heavier sentence, than that of someone who grabbed another person. Again, the burden of proof and the issue of consent always comes into play.  

Another highly charged issue is the one of when does “no” mean “No” or does the individual need to object more vigorously?  

Witnesses  

Another issue to be discussed with your defense is that of witnesses. Was anyone else there at the time of the alleged assault? Did they hear the person say “no” or can they comment on that person’s state of mind? As in if they had been drinking or taking part in other activities that could impair their judgment?  

Before signing with a defense attorney, be sure to ask as many questions as you can think of. Be as precise in your recollection of the incident as you possibly can. And come to the first consultation with a list of possible witnesses to help the process move along.