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Posted on in Sex Crimes

CT defense lawyerNot every rape allegation is true. But every rape allegation is taken seriously, which is why you need an experienced defense attorney if you are charged with committing rape. The following includes nine things you need to know when facing rape charges in Connecticut:

  • It is rape if you force someone to have sex with you. Both parties must willingly consent in order for sex to be consensual. Consent is always a defense to a rape charge (and to other sexual assault charges);
  • It is called forcible rape if the offender uses a weapon or threatens to use a weapon;
  • Rape is a felony offense punishable by at least 10 years in prison. Offenders face an even longer prison sentence if the victim is under 16 years old. An experienced attorney can explain the potential consequences of the crime you have been charged with;
  • The age of consent in Connecticut is 16 years old. This means that anyone younger than 16 is not legally capable of consenting to sexual relations. You can be charged with statutory rape for having sex with someone who is not old enough to consent under state law. However, the criminality of the offense also depends on how old the alleged perpetrator is;
  • It is illegal to have sex with anyone who is mentally incapable of consenting (because of mental disability, disease or intoxication);
  • It can be rape even if the two parties are married. Spouses cannot force their partners to have sex with them. Consent is required no matter the relationship between the parties;
  • Unfortunately, a rape prosecution often turns into a “she said, he said” routine. It is difficult to prove or disprove rape charges when it is one person’s word against the other. The defense can use communications between the alleged victim and perpetrator (like text messages) to prove consent. Both communications before and after the alleged rape can be relevant. Other useful evidence includes DNA and witness statements;
  • Evidence can be excluded from trial if it is not gathered properly. This could help or hurt your defense, depending on what the particular evidence is. Similarly, the charges against you could be dropped entirely if your rights were violated during the arrest or if the evidence is somehow tainted. An experienced attorney can help protect your legal rights; and
  • A rape conviction can affect your future job prospects and your community life. Most likely you will have to list any felony convictions on job applications and you will be publicly registered as a sex offender.

Let Us Help You with Your Case

Please contact the experienced dedicated Stamford rape defense attorneys at the Law Offices of Daniel P. Weiner today if you are charged with committing rape. This is a very serious charge, and you need an experienced to assist you with your case.

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Connecticut defense attorneyLast month, bombshell allegations were leveled at famed Hollywood producer Harvey Weinstein, ultimately resulting in his termination by the board of directors at his own company. Weinstein, along with his brother Bob, had previously been known best for Oscar-winning films produced by Miramax in the 1990s and Weinstein Brothers in the years since. While no legal charges have yet been leveled against Weinstein for his three decades of sexual misconduct, it stands to reason that a victim could in theory come forward.

Many of Weinstein’s previous victims, commonly women striving to make or maintain a career in the film industry, had been paid large sums of money in exchange for their silence with regard to Weinstein’s sexual misconduct. Known by insiders to be naked in the workplace – sometimes Los Angeles area hotel suites – Weinstein pressured actresses, including Ashley Judd, to give him a full body massage, neck massage, and watch him shower naked, among other things. Ms. Judd refused on all accounts, but other actresses, according to reports, left Mr. Weinstein’s hotel room “feeling violated.” More news is sure to come in the days following.

Defending Against a Sex Crime Charge in Connecticut

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property crime, Stamford criminal defense attorneyViolent crime has seen a marked decrease in the past decades, leading many U.S. citizens to feel more secure than ever before. Just as violent crimes—such as rape, murder, and assault—have decreased in recent years, the rate of property crime has as well. Despite a national economic climate that some would say leads to a higher rate of non-violent property crime, over the five-year period between 2006 and 2010, there was more than a 12 percent drop in property crime. The 2010 rate of property crime (how many incidents per number of 100,000 residents) was about 2,9400—a marked decrease from 3,660 in 2001 and 3,350 in 2006.

There are several types of property theft as defined by the Bureau of Justice Statistics. These include (but are not limited to): burglary, larceny, theft, and motor vehicle theft. Burglary is the forcible breaking and entering to an unauthorized location, and usually involves charges of theft as well. Motor vehicle theft is the stealing of a car or other type of motor vehicle. Larceny is the unlawful taking of property—other than a motor vehicle—without force. That is, pickpocketing or shoplifting would be considered larceny. A charge may be increased to grand larceny depending on the value of the stolen items.

Beginning in the 1990s and continuing today, increased incarceration rates seemingly have deterred many from committing non-violent property crimes. Other reports attribute the decline in this type of crime to more effective law enforcement. And yet many statisticians say that, while these types of crime have continued to decrease while incarceration rates increase, the correlation is not so simple. The aging population may influence this as well, as may the fact that the number of police on the street continues to grow. Some reports note that the increased incarceration rates only accounted for 6 percent of the property crime decline in the 1990s, and only 1 percent in the 2000s. There is also the issue that some statisticians are drawing conclusions by making a comparison between two disparate cities or communities, leading to a simplistic or incomplete analysis.

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