Lawyer for Rape Victim and Sexual Assault

Consent in Sexual Assault

The crux of what differentiates sexual contact from a sex crime is consent or the lack of it. If sexual contact happens without someone’s willing involvement or against someone’s will there is said to be a lack of consent and therefore it is considered a sex crime. This includes cases where:

• There is a use of physical force in the sexual contact which overrides the person’s ability to give consent.
• The person is threatened or harm is threatened against another person if there is any resistance.
• Any touching or penetration after someone has said “stop” or “no” or anything else to indicate that they want the sexual contact to stop.
• Sexual contact with someone who is seen as not having the ability to give consent, such as people with a mental disability, minors, or someone who is drunk, drugged, unconscious, or otherwise physically unable to give consent.
  
  

A sexual assault lawyer will always look to see if there was consent which is not always clear cut. Consent is seen as lacking in cases where sexual contact or rape involves coercion or deception. This applies to situations where someone is misled about the reason behind contact with intimate body parts. For example, many sexual assault lawyer has seen cases where a massage therapist who touches a client’s intimate areas under the guise of trying to get to another muscle or convinces a client that sex or sexual contact would be necessary for recovery would be charged with sexual battery or rape. Similarly a casting agent or anyone else in power that convinces someone that sexual contact, intercourse, or otherwise performing sexual acts is necessary for career progression would be charged with sexual battery or rape. If the sexual contact was on a child, a rape lawyer can help the child victim.

Is Sexual Battery A Felony Or Misdemeanor?

The charging of sex crimes varies from state to state but in general rape is always charged as a felony and therefore carries the possibility of a prison sentence. When sexual battery is defined as sexual touching rather than penetration it can be considered either a felony or a misdemeanor. When a crime is involve, a criminal defense attorney and a civil sexual assault lawyer are both necessary. Though it varies in each state, generally sexual battery is considered a felony if:

• The sexual contact involves skin to skin contact, that is an intimate area is touched without clothing.
• Sexual contact with a minor.
• Sexual contact with someone who is unconscious or physically restrained.

Always contact a rape lawyer representing vivtims as earliest a possible to protect against the statute of limitation. Most importantly, if a child is was sexually abused, please do not delay in informing the police and contact rape attorneys representing victims for help.