HOW A CONVICTION FOR SEXUAL ASSAULT CAN DE-RAIL YOUR LIFE

Although the definition varies from state to state, sexual assault is generally defined as any type of conduct which is considered indecent or sexual in nature toward another individual and accompanied by actual force or the threat of force. The crime of sexual assault will also induce shame, fear, or mental trauma to the alleged victim. In most states the penalties for sexual assault have increased significantly as a result of public pressure. Those who have been charged with sexual assault should immediately hire the most experienced, knowledgeable criminal defense attorney in order to minimize the adverse consequences to their future.

More specifically, sexual assault is a felony offense and generally includes the intent to commit rape, sodomy or oral copulation against the will of another. Even if the act is not actually committed, sexual assault can be charged if it can be proven the intent was present. The most common type of sexual assault is rape which is the act of sexual intercourse with a person who made it clear they were unwilling or a person who lacked the ability to consent. In some instances, even if consent was given, that consent is not considered legal if the alleged victim is less than sixteen years of age, has been diagnosed with a mental illness, was inebriated at the time of the assault or was unconscious.

A conviction for sexual assault can lead to extremely severe consequences including:

• A sentence of life in prison–in some cases this life sentence will exclude the possibility of parole.
• The necessity of registering as a sex offender for life
• Restrictions regarding where the convicted person can life
• The requirement of wearing a GPS ankle tracking device
• The inability to obtain employment due to the conviction of sexual assault on the permanent criminal record
• The inability to obtain student loans or other governmental assistance
• The inability to obtain a professional license or work in careers with children
• The inability to rent a home
• Social stigma and potential loss of family, friends and home

There are few criminal charges which are more serious than sexual assault charges and anyone accused of such a crime must quickly seek legal assistance. Unfortunately, due to the very nature of sex crime charges there is stigma attached and these charges are among the most difficult to defend. Many of those charged with sexual assault feel that because they are not guilty they have nothing to worry about. Nothing is further from the truth. Because of the sensitive nature of sex crimes, state prosecutors may be more strongly motivated to believe the victim despite evidence to the contrary. The prosecutor must, however, be able to prove every element of the crime beyond a reasonable doubt. Having a strong advocate in your corner during this difficult time is essential. If you find yourself charged with the crime of sexual assault, don’t try to handle it on your own—call a criminal defense attorney with the necessary expertise to prevent your life from being totally de-railed.