Criminal Law Questions? Ask a Criminal Lawyer.
When most people hear the term sexual assault they automatically think of rape. Sexual assault constitutes many acts including child sexual abuse, rape, and attempted rape, incest, display of sexual acts, obscene phone calls, fondling, and sexual harassment. Sexual assault of any type can have far reaching consequences. In addition to being an illegal act, it’s also important to remember that the loss of power and control that a victim of sexual assault experiences can result in severe trauma for the victim. Most victims feel shaken and unsure of what they should do. Many are even unaware of their legal rights and this leads to many questions like the ones answered below by Criminal Lawyers on JustAnswer.
Sexual assault in the second degree can cause the culprit to be sent to jail if convicted. The law on sexual assault in Connecticut states that: "A person is guilty of sexual assault in the second degree when a person has sexual intercourse with another person" and "The victim is between the ages of thirteen and sixteen and the assault is done by someone who is more than two years older than the victim; or the victim is mentally incapable of consenting to sexual intercourse; or the victim is physically helpless; or the victim is under the age of eighteen and the other person is the guardian or responsible of the victim; or the victim is in legal custody, hospital or institution, and the other person has supervisory authority over the victim; or if the victim is a patient of a psychotherapist and the sexual intercourse occurs during the therapy session; or the victim is a student who gets assaulted by a school employee."
In most situations, sexual assault in the second degree is a class C felony and if the offense is on someone who is under the age of sixteen, then it would be a class B felony. Any person found guilty could be convicted to prison for nine months and may not be released before that time and the term may not be shortened by the court.
Additional Question: What can be done if the assaulter is working with children and the elderly?
In the state of Ohio, the criminal statute of limitation for sexual assault or rape is usually twenty years. However, the limitation does not start until the victim turns eighteen. As for the offender working with the elderly and children, the victim would need to contact law enforcement, and have them notify the authorities in the jurisdiction where this person is working. If you are not sure the statue of limitations on sexual assault in the state you reside in, or need further clarity on what action you can take, you could bring your questions to Criminal Lawyers on JustAnswer.
In most cases, the statute of limitations in the state on Indiana requires that the cause be brought to law enforcement before the victim reaches the age of thirty-one, for all sexual assaults that happened before the victim was under the age of sixteen. However, if the feeling of being threatened by this person still exists, the victim can place a restraining order on the offender.
The person cannot usually file a second lawsuit if he/she already had already filed one suite and against the person and the case was settled by the court. Usually, when a case is settled, the determination sets in and the lawsuit is considered final.
To determine sexual assault, the law requires that the victim does not understand the nature actions being taken or that is so impaired as to not be able to make decisions. Being under the influence of drugs or alcohol could qualify as such a defect or impairment. The law usually allows the accused to cite ignorance of other's mental condition, state of intoxication, and inability to take decisions or understand what was going on. The law does not allow someone to ‘’take advantage’’ of someone who is intoxicated. What the victim actually wanted does matter. The person being accused of the assault will need to show that the actions were actually what victim wanted and that the victim was able to take decisions and understand consequences.
There are many legal fine points to the law on sexual assault, and many times people are falsely accused of sexual assault. At other times, real perpetrators of sexual assault may not get convicted because of the legal fine-print. Understanding your exact legal standing -- whether you are the accused or the victim -- is the only way to ensure that you get justice. When you have unanswered legal questions, about sexual assault, you could benefit from the legal insight of Experts if you ask a Criminal Lawyer on JustAnswer for their opinions on your individual circumstances.
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