Not 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....