Skip to Content
Sexual Assault
There are many types of sexual assault that can be committed in Connecticut, the severity of which and penalties provided depend on the nature of the conduct, the actor and victim. While several definitions are spelled out in our penal code that apply to sexual offenses, three definitions are important to keep in mind. First, sexual intercourse means vaginal intercourse, fellatio or cunnilingus and penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio. Second, sexual contact means any contact with the intimate parts of a person, not married to the actor, for the purpose of sexual gratification of the actor. Third, intimate parts mean the genital area or anus.
The most serious form of sexual assault is referred to as sexual assault in the 1st degree. Basically, this offense is committed when a person compels another person to engage in sexual intercourse by the use of force against such person or the threat of the use of force which causes the other person to fear for their physical safety. This is the classic rape situation which many of you may have seen or heard of on TV shows and movies or read about in the news. This type of sexual assault carries a maximum penalty of 20 years in prison unless the victim is under the age of 16 years where the maximum penalty can be as much as 25 years in prison.
Consent is a defense to many types of sexual assault except in situations where there is a special relationship between the actor and the victim such as teacher and student, psychologist and patient or coach of an independent youth sports team and player. It is also not a defense in a situation where the victim is at least 13 years of age or older, but under 16 years of age and the actor is more than three years older than the victim. Consent is not a defense in these types of cases because the accused individual is deemed to have some type of extra influence or control over the victim because of the teaching, coaching or therapeutic relationship or because of the age difference. Sexual intercourse in these types of cases carry a maximum sentence of 10 years in prison of which nine months is mandatory.
There are lesser forms of sexual assault which involve unconsented and unwanted touching of an intimate body part which do not involve penetration. Again, in these cases, consent often times is a defense unless the victim is a minor.
Frequently in our system, sexual assault cases involve a minor child victim and an adult actor and sometimes the actual is a relative or family friend. In these cases, because the victim is a minor child, consent is obviously not a defense and often times these cases come down to the word of the victim against the word of the accused without any corroborating physical evidence for the accused or the victim. It is extremely important in these types of cases to give great scrutiny to the procedures employed by law enforcement and the forensic interviews of the minor child victim as well as any type of collateral information that might cast doubt on the testimony of the victim.
A sexual assault conviction can carry with it devastating and long-term consequences including prison, probation and registration on the sex offender registry. If you are approached by law enforcement concerning a sexual assault investigation, you should immediately contact an experienced criminal defense attorney such as the lawyers here at Brown Paindiris & Scott, LLP before speaking with the police. Once an investigation has reached that stage, you should remember that at that point the police have only one goal in mind and that is your arrest and prosecution.
