New Haven Date Rape Lawyer

Date rape is a form of sexual assault that involves accusations of nonconsensual sexual activity, with one party claiming the other acted without their express permission. The issue of impairment, via alcohol or other means, often complicates the situation further and call into question whether the accuser has clear enough memories of the events in question.

Charges of date rape have serious consequences. Under Connecticut law, they are just as serious as typical rape charges and carry similar punishments for the convicted. During a trial, the prosecutor may use evidence and testimony to try to establish that a date rape occurred.

Without a New Haven date rape lawyer to argue against such evidence and testimony, a person facing date rape charges may be at a disadvantage. If you are facing charges of date rape, a knowledgeable sex crimes attorney could help you navigate the confusing and nuanced laws and offer aggressive representation on your behalf.

Date Rape Laws in New Haven

According to Connecticut statutes § 53a-70 and 53a-71, unwanted sexual contact such as date rape is considered sexual assault and is broken down into first and second-degree sexual assault. Both are felonies and can carry punishments of incarceration for up to 10 years. Date rape involves an element of mental incapacitation, with the alleged victim claiming to be temporarily incapable of giving their consent.

A charge of first-degree sexual assault can result from alcohol or drugs being surreptitiously given to the accuser. A second-degree sexual assault charge results from when the accused is alleged to have had sexual intercourse with the accuser while the accuser was rendered helpless.

In practice, these charges can stem from any social event involving alcohol, from a casual night at local bars to a college party. Prosecutors often base their cases on hazy recollections from these outings. A New Haven date rape attorney well-versed in the law could help turn a potentially inaccurate recollection into a robust defense.

Potential Defenses Against Date Rape Charges

In Connecticut, the responsibility is on the prosecution to prove no consent was given for the sexual activity. This argument will be made repeatedly because if it is established that consent was given for the acts in question, the charges will often be dismissed.

With date rape charges, there may be the added factor that consent was initially given or given for only specific acts but the accuser claims consent was subsequently removed or withheld. These uncertain circumstances often require a keen defense strategy – one that accounts for lapses in memory and the inherent unreliability of testimony by witnesses whose memories may be blurred by substances. An accomplished New Haven date rape lawyer has experience building strong defenses for the accused.

Contacting a New Haven Date Rape Attorney

The importance of a strong defense against date rape charges cannot be understated. Whether the charge is for first or second-degree sexual assault, the punishments for being convicted can have severe consequences on an individual’s future.

A capable attorney could wade through the murkiness of the law and testimonies and present the truth in court. This could make a big difference in lessening the severity of a charge. If you are facing charges, contact a New Haven date rape lawyer today.