Law

Sexual Assault: What Is It and What to Do If Charged With Sexual Assault

Sexual assault is any non-consensual sexual activity. This can include rape, attempted rape, sexual harassment, and unwanted touching. This is a crime that can have a negative impact on the survivor’s life for years to come. It can also have long-term physical consequences.

Knowing what sexual assault is is important because it helps you understand the situation in case you or your loved one has been charged with it.

What are Examples of Sexual Assault?

Examples:

  • Rape – Forced penetration of the vagina or anus by a penis or other body part without consent;
  • Sadistic acts – Acts intended to humiliate or degrade another person;
  • Statutory rape –Sexual intercourse with a minor who is below the age of consent
  • Incest – Sexual intercourse with someone related to you by blood or marriage

Indecent liberties with a child- When someone takes indecent liberties with another person under the age of 16, including any type of touch, physical or verbal, makes the other person feel uncomfortable. This also includes sending explicit messages.

What to Do If You Are Sexually Assaulted?

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Hire a sexual assault defense attorney

Seek legal advice from notguiltyattorneys.com. A lawyer can explain your options and help you decide how best to defend yourself.

If the victim decides to seek justice and report your assault, you mustn’t attempt to take matters into your own hands by proceeding without a lawyer. The police and prosecutors will not be sympathetic if they learn that you sexually assaulted someone and don’t have a defense attorney. The fact that the victim may have reported a crime without an attorney also increases their risk of being sentenced to a lengthy term in jail and poor legal representation.

What to Expect from a Sexual Assault Defense Attorney

1. Analyze your charges

A sexual assault defense lawyer can help you understand your charges. Many people are arrested and charged with sit, but they do not know what the evidence against them looks like or how strong it is. An experienced defense lawyer can analyze your case and explain how strong or weak the case against you is. They can also help you understand how to defend yourself in court.

2. Review the evidence available

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A lawyer will review any evidence provided to them, including photographs, videos, text messages, and other documents that could help prove your innocence. In many cases, a sexual assault defense attorney will investigate the allegations to determine if there are any problems with the case against you.

3. Suppress evidence

A defense lawyer will find out about your case and help you determine whether there is something the prosecution can use against you. For example, if you were not intoxicated at the time of the alleged incident, or if other witnesses saw what happened, this could work in your favor.

4. Negotiate with your accuser

If you have been accused of sexual assault, then prosecutors will want to take advantage of any opportunity to win their case. This means that prosecutors will try to get as many convictions as possible, even if there are other factors involved in your case that make less sense than a conviction for sexual assault. Your attorney may convince prosecutors not to pursue charges that don’t make sense or try to reduce the strength of the evidence against you so as not to get a conviction on those charges.

5. Question the evidence presented by the plaintiff

A sexual assault defense lawyer can question the evidence represented by the plaintiff. The attorney may argue that no evidence proves that the alleged victim was assaulted. A sexual assault attorney can also explain why a jury should believe their client over the accuser, who may have made a false claim of it.

6. Explain what the tests mean and their impact on your case

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Sexual assault cases are some of the most difficult to defend because they often involve invasive physical examinations and DNA tests. A criminal defense lawyer can help you understand what these tests could mean for your case and how they may affect your rights.

7. Reduce case complexity

Many victims of sexual assault are unsurewhat to do or say, particularly if they have been assaulted by someone they may know. A lawyer can help you navigate this process and ensure you have all the information needed to decide whether or not to report the crime to law enforcement.

8. Reduce the stress

Hiring a qualified attorney helps reduce your stress levels. You may feel anxious or scared after an attack, but if you talk to an attorney, they will know how to deal with your situation in a way that doesn’t overwhelm you.

What to Expect After Sexual Assault Conviction?

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1. Severe restrictions

A sexual assault conviction can have severe consequences for your future. A felony conviction is considered a lifetime ban from voting, employment, and military service. In some states, it also means that you cannot buy or own firearms.

A felony conviction for sexual assault can also affect whether you can obtain certain types of professional licenses, such as becoming a teacher or counselor. If you are convicted of sexual assault, you will likely face severe restrictions on your freedom even after time has passed since the crime occurred.

2. Hefty fines

If you were convicted of sexual assault, you would be required to pay a fine. You can expect the fine to range between $5000- $10,000. The amount of money that is given depends on the severity of the crime and whether or not it resulted in bodily harm or death.

You may also have to pay restitution if you have caused financial damage due to your actions. Restitution is defined as any costs incurred by someone due to your actions or negligence. This could include medical bills if you sexually assaulted someone and caused them injuries or property damage if you damaged someone’s property by vandalizing it. For example, if there was an attempt at sexual assault, but no actual penetration took place, there would be no restitution because no physical injury occurred.

3. A jail sentence

In addition to paying fines, you may also have to serve time behind bars after your conviction for sexual assault. If you were found guilty of a felony charge like this one, you will most likely spend some time in prison and pay hefty fines until you can pay off all outstanding debts related to this incident.

Key Takeaway

Hiring a lawyer with experience in sexual assault cases will strengthen your case because they know how to build a strong defense and what to expect from the prosecution, judges, and jurors. Remember that if you don’t understand the law, you won’t adequately prepare for trial or even understand why something was admitted or excluded from evidence.

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