Registration as a sex offender requires a person to have his name, address and information about his crime on file with the registry. Many states also criminalize sex between a psychotherapist or other mental health care provider and a client or patient on the grounds that the nature of the relationship makes the client or patient incapable of knowing, voluntary consent. In a sexual assault case, there can be significant questions about what constitutes consent or what constitutes refusal. Some states require a minimum prison sentence or require the court to impose a prison sentence without probation or early parole. In some states, sexual assault is synonymous with rape — forced sexual intercourse or sexual contact without consent — while other states have no crime known as sexual assault and instead define sexual conduct without consent as rape , criminal sexual penetration, criminal sexual contact and sexual battery. A conviction for rape or even misdemeanor sexual battery can seriously impact your life.
If a 21 year old had sex with a 15 year old in the same state, however, the sex would be criminal. But criminal sexual contact that results in personal injury or is committed with a deadly weapon or by more than one person normally is a felony. In particular, if you are charged with a "registerable" offense and do not have a viable defense, you'll want an attorney to look into the possibility of a plea bargain that will not involve a plea to a registerable crime. The legal definition of this term actually differs, however, from state to state. A conviction for rape or even misdemeanor sexual battery can seriously impact your life. Sexual conduct with a minor In some states, sex with a minor is criminalized only if the offender is older than the victim by a certain number of years — more than three years, for instance. Share on Facebook The term sexual assault, in lay person terms, usually refers to an attack on a person that is sexual in nature. Many states also criminalize sex between a psychotherapist or other mental health care provider and a client or patient on the grounds that the nature of the relationship makes the client or patient incapable of knowing, voluntary consent. Penalties Sexual assault laws regarding rape and criminal sexual penetration usually define this conduct as a felony with serious penalties. Sex offender registry statutes require that a person convicted of a sex offense register with the sex offender registry in whatever state he lives in. Another possible defense is an insanity defense, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior, to form criminal intent, or to understand what he was doing or that his actions were unlawful. Registration as a sex offender requires a person to have his name, address and information about his crime on file with the registry. In a sexual assault case, there can be significant questions about what constitutes consent or what constitutes refusal. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Penalties in Addition to Jail or Prison A person convicted of a sex crime also will face penalties other than jail or prison. A sex offense requiring registration is any crime that includes sexual penetration or sexual contact as an element. Forms of Sexual Assault States differentiate between rape and other types of illegal sexual contact. The rationale for criminalizing this conduct is that capacity to consent is diminished by the authority the teacher or other authority figure has over the student or other person. A competent criminal defense attorney can help you fight a sexual assault charge, protect your rights and achieve the best possible outcome. Legal Representation A sex crime, particularly sexual assault, rape or criminal sexual penetration is a very serious charge. This conduct usually is referred to as sexual battery or criminal sexual contact. In other states, the judge may have some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison. Even someone convicted of only a misdemeanor sex crime can carry the stigma of that conviction for the rest of his life. Sexual conduct becomes criminal when sexual touch is not consented to, either because the offender forces another person to be sexual against his or her will, or because the other person is considered incapable of consenting or has a diminished capacity to consent. An offender convicted of a misdemeanor can be sentenced to up to one year in a jail but is not required to serve time in prison.
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