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Stamford Date Rape Lawyer

There is no specific statute titled date rape in Connecticut. Instead, this offense is commonly charged as either sexual assault in the second degree or first in some instances, because someone is so incapacitated that they are unable to consent or they are physically helpless. 

Generally, this occurs when someone is mentally incapacitated because they are too intoxicated or given a date rape drug by the person. This offense is extremely serious and as such warrants the attention of a Stamford date rape lawyer. An experienced sex crimes attorney can help look at the facts and circumstances of the case and use them to build a strong defense.

Elements of Date Rape

The state would have to prove that the complaining party or the victim was so impaired that they were unable to consent or that they were so impaired that they were physically helpless. It makes it a little bit different from other types of rape charges, because a lot of times the complaining party does not remember what happened. As a result, their testimony will usually have holes in it because of lack of memory. In these instances, a date rape attorney in Stamford can jump on that and try to bring other sources of evidence to contradict what the complaining party is saying. That is not typical in all kinds of sexual cases.

Evidence

Memory gap is a huge thing, especially with a complaining party. A lot of times it occurs with a group of people perhaps in a bar. So, besides the complaining party suffering memory loss, there may be the defendant and other witnesses could have also been under the influence of drugs or alcohol. It ends up having a lot of fuzzy memories for a lot of people, making it hard to pin down an exact timeline of what did and did not happen.

Potential Penalties

It is a felony charge in Connecticut. It is typically a C felony, so the person faces incarceration up to 10 years, fines, probation, and possible registration as a sex offender making it imperative that a Stamford date rape lawyer is consulted immediately.

Importance of An Attorney

A lot of times the Stamford date rape attorney is going to walk them to the Stamford Police Department, sit down with them, and give a statement about what happened. Often that could end up in them not getting charged at all, especially if the police officers signed that person's testimony and statement, making it more credible than the complaining parties. Sometimes they do not bring a case at all.

Mistake of Waiting To Contact A Lawyer

It is a mistake not to contact a lawyer, because the charge is serious regardless of what their perception is at first. Also, if the evidence is not preserved right away, it could disappear and if it was helpful to them, it might be lost when they need it.