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Stamford Rape Lawyer

Rape in Stamford, Connecticut is codified under 53a-70 with sexual assault in the first degree. The most common way a person sees the charge brought forward is when someone compels someone else to engage in sexual intercourse using force or the threat of force.

If you are facing consequences associated with a rape charge, you should not hesitate before contacting an attorney. The charge of rape is penalized severely in Connecticut, and should only be defended using the experience of a Stamford rape lawyer.

Bringing Forward the Charge

There are a handful of ways that an individual can be charged with rape in Stamford. There is forcible rape, which is what a person would commonly see for a sexual assault in the first degree, and it could be with a weapon or a threat of a weapon. The person would be liable for a Class B felony if the person is 16 or older and a Class A felony if the person is under the age of 16.

A person can also be charged for statutory rape, which would be charged as sexual assault in the second degree. Both charges can be effectively defended using a knowledgeable Stamford rape lawyer.

Aggravating Factors

When someone is under the age of 16, the charge becomes a higher class of felony and imposes mandatory jail time. If someone is found guilty of sexual assault in the first degree and the victim is under the age of 16, they are going to face a mandatory 10 years in jail. The severity of the charge increases severely when any aggravating factors are in play.

If someone is mentally incapacitated to the point where they do not know what is going on and they truly cannot consent, the charge could be sexual assault in the first degree. Due to the severity of such penalties, it is critical that an individual contacts a Stamford rape lawyer as soon as possible.

Elements of a Rape Case

Many times, when a person is charged with sexual assault in the first degree, like a forcible rape allegation, the defense often is that the complaining party consented to it. Something that makes this different in Stamford is that a lot of times it comes down to one person's word against another person's word.

A Stamford rape attorney has to work hard if the person is saying that it was consensual and find evidence to show that it was. This could be in the form of a text message or communication between the two parties, scientific evidence, and statements from witnesses that may have seen the parties interacting.

Benefit of a Lawyer

Experienced Stamford rape attorneys understand how the state thinks about rape charges. They understand all the steps that must be taken to try to prove the person's innocence, whether it was consent, whether it was a case of the wrong identity, or whatever the defense may be. An individual needs someone who has defended these cases before and knows how to effectively prepare a defense.

The most important element of a rape case is to preserve the relevant scientific and electronic communication evidence. A lawyer may also retain an expert witness, like a toxicologist, to talk about things such as whether one or both of the parties were intoxicated, or someone experienced with DNA and fingerprint evidence.