When facing sexual assault charges, it is incredibly important to contact a qualified criminal defense attorney immediately. Our attorneys will assess the evidence and start building a strong case on your behalf, as well as ensure that your legal rights are protected throughout the entire process. Sexual assault is a serious accusation that can have immediate effects on you and your loved ones before any evidence is even presented. The attorneys at Lermitte & Lubin, LLC will explain everything you need to know about sexual assault charges and their consequences.
Types of Sexual Assault Charges
It’s important to understand the different forms of sexual assault because they are not equal. While some acts can fit the definition of several types of sexual assault, most often the more specific version will be the charge someone is given.
- Rape: This is the most recognized form of sexual assault. Rape is defined as non-consensual sexual intercourse that involves penetration, no matter how slight, of the victim’s body. It can occur through force, threat, or when the victim is unconscious or otherwise unable to give consent.
- Attempted Rape: Attempted rape involves an attempt to have non-consensual sexual intercourse with another person, but the act does not fully occur.
- Child Molestation: This refers to any sexual activity involving a child under the age of consent. This includes inappropriately touching a child, forcing the child to inappropriately touch another person, or exposing a child to a sexually explicit material or activity.
- Sexual Battery: This involves sexual contact with another person without their consent, and does not include any kind of intercourse. Rather, this includes unwanted touching or groping.
- Statutory Rape: This involves sexual activity with someone below the legal age of consent, regardless of whether they gave their consent or not. The age of consent in Pennsylvania is 16 years old. If someone is older than 13 but within 3 years of age from the compliant, then it is not statutory rape. It is also not statutory rape in the state of Pennsylvania if the compliant and the actor are married to each other.
- Indecent Exposure: This involves exposing one’s private parts in public without the consent of those present. It is important to note that no one has to actually be present to see your private parts for this to be considered indecent exposure. This is why urinating in public can be considered indecent exposure.
Consequences of Sexual Assault Charges
Sexual assault charges can have severe and far-reaching consequences for the accused. The specific outcomes can vary greatly depending on the jurisdiction, the exact charges, and the circumstances of the case. However, some common consequences can include:
- Criminal Penalties: Convictions for sexual assault often carry significant criminal penalties, including imprisonment and hefty fines. The length of the prison sentence can vary widely depending on the severity of the crime. It can be anywhere from a few years to life imprisonment or the death penalty.
- Sex Offender Registration: In many jurisdictions, individuals convicted of sexual assault are required to register as sex offenders, typically for life. This can restrict where they can live and/or work, and their information is often publicly accessible, leading to social stigma.
- Educational Consequences: Students who are charged with sexual assault typically face disciplinary action from their educational institution. This can include expulsion and they do not have to wait for you to be found guilty to do so. They may also have difficulty being accepted into other schools or programs.
Common Defenses of Sexual Assault Charges
Defending against sexual assault charges can be complex and sensitive, requiring a careful approach. Here are some common defenses that are often used:
- Consent: A common defense to sexual assault charges involving an accuser of legal age is that the alleged victim consented to the sexual activity. This can be difficult to prove or disprove, as it often comes down to one person’s word against another’s.
- Mistaken Identity: The accused may argue that they could not be the person who committed the alleged assault. This could involve providing an alibi, challenging the reliability of eyewitness identification, or pointing out inconsistencies in the accuser’s story.
- Insufficient Evidence: The accused might assert that the prosecution has not provided enough evidence to prove beyond a reasonable doubt that a sexual assault occurred and that they are the perpetrator. This can include DNA tests from a rape kit that don’t match the accused.
- False Accusation: The defendant may claim that they have been falsely accused of sexual assault. This could be due to misunderstanding, miscommunication, or malicious intent on the part of the accuser.
What Should You Do If You Are Accused of Sexual Assault?
Contact our criminal defense attorneys immediately. Upon being accused, you’ll immediately feel the effects on your personal and professional life. The best thing you can do is get in touch with a lawyer and start building your defense to protect yourself in the court of law and public opinion.
The criminal defense attorneys at Lermitte & Lubin, LLC have extensive experience with these types of cases. We understand that these cases can be especially sensitive and we strive to provide the best possible legal representation in order to protect your rights and interests.
If you have been charged with sexual assault, contact our law office today for a case evaluation.
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