How Are Sexual Assault Charges Prosecuted?
In order to prove a case of sexual assault, several elements must be established:
- The prosecutor must prove that the defendant touched the victim's intimate
parts while the victim was restrained by the defendant or another person.
This includes direct contact to the victim's skin or indirect contact
through the victim's clothing.
- The prosecutor must also prove that the touching was against the victim's will.
- The prosecutor also needs to show the defendant's intent.
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Defenses Against Sexual Assault Charges
A common defense against sexual assault charges is to attempt to prove
that the acts were consensual. If the defendant can prove this, the prosecutor
will have a much more difficult time establishing the elements of a sexual
assault. However, in regards to children or individuals lacking mental
capacity, consent is not an accepted defense. Another defense may be to
show that the victim was touched for a non-sexual purpose.
Penalties for Sexual Assault Convictions
Punishments for a sexual assault conviction depend on whether the crime
was charged as a misdemeanor or felony. For a misdemeanor conviction,
the defendant may have to serve up to six months in jail, a $2,000 fine,
or both. For a felony account, the defendant may have to serve up to a
year in county jail or up to a $2,000 fine. However, felony charges can
carry larger sentences depending on the individual circumstances.
Call (626) 793-7270 today to get the experienced help
of a Pasadena criminal defense lawyer.