Sexual assault is a broad term that covers many types of crimes that involve sexual contact with an unwilling partner. A conviction of sexual assault can negatively impact your life for years and in many unpleasant ways. The attorneys at Banks & Brower believe that you have a right to the best legal defense possible. Our attorneys are former prosecutors who will not let you be taken advantage of by a plea bargain process that can saddle with a bad deal that haunts you for the rest of your life. We understand that even an innocent person may feel the evidence is stacked against them. Our attorneys have a proven track record of getting results for our clients and can help when someone has accused you of sexual assault.
Types of Sexual Assault Charges
Any sexual contact or penetration of someone who does not give consent, or is not able to give consent, may be grouped under the term sexual assault. These crimes range in severity and in the possible punishment you may face if convicted of them.
Rape is the crime of committing sexual acts with a non-consensual victim. This may occur either through force, the threat of force, the victim being unaware of the sexual contact, or the victim being mentally unable to give consent. Certain aggravating conditions may cause the crime to warrant more severe punishments, including the use or threat of deadly force, the use of a deadly weapon, if the victim is severely injured, or if a drug was administered to the victim. Depending on the circumstances, a conviction may result in anywhere from 3 to 40 years incarceration and up to $10,000 in fines.
Sexual misconduct with a minor applies to prohibited sexual contact with a minor 14 or 15 years old. A person 18 to 20 years old having sex, or engaging in sexual conduct, with a 14 or 15-year old, may be guilty of a level 5 felony without aggravating factors, or it could be escalated to a level 1 felony with certain aggravating factors.
A person 21 or older having sex with a 14 or 15-year old is considered a level 4 felony without aggravating factors that could bring the charge up to a level 1 felony.
Child molestation is a level 3 felony if the person accused of the crime is under the age of 21 and has no aggravating factors. This may be a level 4 felony if the crime involves only fondling or sexual touching of the victim.
Sexual battery occurs when a victim is touched without consent, or a victim who doesn’t have the mental ability to consent, in order to sexually arouse either the perpetrator or the victim. This is a level 6 felony, or a level 4 felony if aggravated.
Lifelong Results
In any felony conviction, you may lose the ability to work in certain jobs. This includes most jobs involving working with children, the elderly, or other vulnerable people, as well as any jobs involving government contracts working with sensitive information. A felony conviction strips you of the right to vote and to own firearms.
In addition, a sexual assault conviction will mean placement on the national sex offenders registry. Registered sex offenders must register yearly or more often, and whenever they move. Your name and address will be available to the public as part of this registry as well.
The damage to the reputation from a sexual assault conviction can impact your career, your personal life, and prohibit you from many activities enjoyed by most citizens. For that reason, it is important to have an expert attorney to ensure that your rights are protected.
