Sexual assault is considered a crime in the state of Connecticut. There are four different types of sexual assault – sexual assault in the first degree, in the second degree, in the third degree, and in the fourth degree. On this page, I will discuss sexual assault in the first degree.
What is Sexual Assault in the First Degree?
Sexual assault in the first degree is governed by Connecticut General Statutes § 53a-70 (2019). The statute gives four different definitions of what it means to commit sexual assault in the first degree or “Sex 1.” They are defined as follows:
(1) When a person forces another person to engage in sexual intercourse by either physically forcing them to engage or by threatening to use force against them or a third party, which reasonably causes such person to fear physical injury to such person or a third party;
(2) When a person engages in sexual intercourse with another person who is under the age of thirteen years old and is more than two years older;
(3) When a person commits sexual assault in the second degree but commits the sexual assault with the help of two or more people actually present; or
(4) When a person engages in sexual intercourse with another person who is mentally incapacitated or is unable, at that time of the act, to consent to sexual intercourse.
“Sexual intercourse” in the state of Connecticut is defined as the following; vaginal intercourse, anal intercourse, and oral sex. Conn. Gen. Stat. § 53a-65(2) (2019). Slight penetration is sufficient to count as vaginal or anal intercourse and penetration can be done with an object or a body part.
“Mentally incapacitated” is defined as a person who is temporarily incapable of controlling their own actions due to the influence of a drug or intoxicating substance administered to such person without his or her consent or owning to any other act committed against such person without his or her consent. Conn. Gen. Stat. § 53a-65(5) (2019).
Consequences of Sexual Assault in the First Degree
Sexual assault in the first degree is classified as a Class A or Class B felony depending on the facts of the crime. Sex 1 is a Class A felony if charged under the first subsection and the victim is under the age of 16, or if charged under the second subsection. Otherwise, it is a Class B felony.
Penalties for the Class A felony are a minimum term of imprisonment of ten years and a maximum of twenty-five years and a fine not to exceed twenty-thousand dollars if the victim is under ten years of age. If the victim is under sixteen years of age, the minimum term of imprisonment is five years. Conn. Gen. Stat. § 53a-35a (2019); Conn. Gen. Stat. § 53a-41 (2019); Conn. Gen. Stat. § 53a-70(b)(2) (2019). Penalties for a Class B felony are a minimum term of imprisonment of at least ten years, one year of which may not be suspended or reduced and a maximum of twenty years, and a fine not to exceed $15,000.
If a person is convicted of sexual assault in the first degree and the victim at the time of the crime was ten years old or younger the court will order in addition to imprisonment the person be sentenced to undergo psychological counseling. Conn. Gen. Stat. § 53a-40c (2019).
After a person has been convicted of Sex 1 and released into the general public he or she must register as a sex offender for life. Conn. Gen. Stat. § 54-251, 54-252.
Defending Yourself
There are two affirmative defenses to the crime of Sex 1 that a defendant may bring forth. Conn. Gen. Stat. § 53a-67 (2019).
(1) If the facts of the crime fit the definition of #4 listed in the first section, the defendant may give evidence that at the time of the sexual intercourse the defendant did not know the condition of the victim;
(2) If the defendant can show he or she was living with the victim and engaging in consensual sexual relationship he or she may bring forth that evidence.
If you have been charged with such a crime or have suspicions that you might be charged with sexual assault in the first degree or any other crime, it is important to contact an attorney.
