Definition of Sexual Assault
The sexual assault is a criminal offense that is referred to the act of a person coercing, threatening, or physically forcing another person into engaging them in a sexual act without their complete consent. It is defined too as a non-consensual way of sexually touching or fondling another individual.
Sexual assault may include other sexual offenses like rape, groping, sexual abuse of a child or a minor, and torture of a person in a sexual way.
What crimes are included in Sexual Assault Crimes?
Sexual Assault crimes include rape, groping – fondling and forcible touching the sexual body parts, sexual abuse involving minor or a child, and sexual torture the victim.
As per the law, these crimes are further divided into categories called ‘Degrees’ as per the severity of the crime. These degrees and the crimes included in them are described as follows;
First Degree – Rape
The first degree of rape includes sexual intercourse without the consent of the victim. This is done by force, weapon, strangling, by death, kidnapping or injury.
Second Degree – Rape
Second degree rape is the vaginal intercourse that involved forcing or threatening to do the deed. Intercourse with a person who is mentally not in their senses, incapacitated due to intoxication, or being unconscious. Or with a person who is a minor, or under the age of 14 years while the accused is at least 4 years older than the victim.
First-degree sexual offenses
A sexual penetration which is not vaginal and done by force, threatening, or without the consent of the other person while threatened by a weapon, injuring or suffocating them, during the act of a burglary, or with another person’s aid.
Second-degree sexual offenses
A sexual act that happened on the use of force or by threatening the victim, if it is done with a person who is incapable of giving consent, or if it is done with a child or someone under the 14 years of age while the accused is 4 years older than the victim.
Third-degree sexual offenses
Also referred to as the Statutory rape or simply sexual touching without the act of penetration, while the victim was not of consent to the act, and was threatened by weapons or was being strangled, or being threatened to be killed, or to be injured with heavy or mortal injury, or if the victim is a child of 14 years or younger while the accused is at least 4 years older.
Fourth-degree sexual offenses
These offenses include the non-consensual sexual contact between the victim and accused, the sexual contact as any sexual act – inclusive of vaginal intercourse, with an underage minor below 14 years of age when the accused is at least 4 years older. Or with the victim being below the legal age of 18 and is under the supervision or authority of another person.
What would your lawyer do?
After fully understanding your situation and the severity of the crime committed your defense attorney might be of the opinion to add the following to make your case strong.
It is highly probable that innocent people are charged with a case of sexual assault, your lawyer night try and prove you innocent.
Burden of proof: Having a sexual assault expert attorney, would weaken the prosecutor’s case.
Lack of Intent: It could be used, as some laws do not charge you with the sexual assault if lack of intent is proven
Statute of Limitations: filling in deadlines for the statute of limitations – though this is not a method used commonly.