Aggravated sexual assault in the first degree or “Aggravated Sex 1” is another sex crime under Connecticut law. If you have been charged with aggravated sexual assault in the first degree, it is important to understand what you are up against. You can learn more about this charge on this page.
What is the Aggravated Sex 1 Crime?
Aggravated Sex 1 is a crime governed by Connecticut General Statutes § 53a-70a (2019). A person commits this crime when he or she commits sexual assault in the first degree and does one or more of the following:
(1) Uses, is armed with, or threatens to use a deadly weapon during the assault;
(2) Has the intent to permanently disfigure, or destroy, amputate, or disable permanently an organ of the victim’s body and does so;
(3) Acted with extreme indifference to human life and created risk of death to the victim which caused the victim to be seriously physically injured;
(4) Was aided by two or more persons actually present in committing the crime;
“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. Id.
“Deadly weapon” is defined as a weapon either unloaded or loaded that can be shot, switchblade knife, gravity knife, blackjack, bludgeon, or metal knuckles. Conn. Gen. Stat. § 53a-3(6) (2019).
“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).
Penalties of This Crime
Aggravated sexual assault in the first degree is either classified as a Class A or Class B felony depending on the facts of the crime. Aggravated Sex 1 is a Class A felony if the victim of the crime is under the age of 16 years old. In all other cases, this crime is a Class B felony.
Penalties for a Class A felony include a prison sentence and a fine. The prison sentence will last a minimum of 10 years and maximum of 25 years. If convicted of Conn. Gen. Stat. § 53a-70(a)(1) and the victim is under 16 years old, twenty years may not be suspended or reduced by the court. The fine is not to exceed $20,000. Conn. Gen. Stat. § 53a-35a (2019); Conn. Gen. Stat. § 53a-41 (2019). Penalties for a Class B felony are a minimum term of imprisonment one year and maximum of 20 years and fine not to exceed $15,000.
If a person is convicted of Aggravated Sex 1 and the victim at the time of the crime was ten years old or younger, the court will order that the person also be sentenced to undergo psychological counseling. Conn. Gen. Stat. § 53a-40c (2019).
Finally, consider that when a person has been convicted of Aggravated Sex 1 and released into the general public, they must register as a sex offender for life. Conn. Gen. Stat. § § 54-251, 54-252.
Defenses to Aggravated Sex 1
If you are charged with Conn. Gen. Stat. § 53a-70(a)(4), you may present an affirmative defense to the crime of Aggravated Sex 1 that if the victim was mentally incapacitated at the time of the crime, the defendant may give evidence that at the time of the sexual intercourse the defendant did not know the condition of the victim. Conn. Gen. Stat. § 53a-67 (2019).
If charged with aggravated sexual assault in the first degree, or another sex crime, it is important to be proactive. Gather evidence and establish the best defense that you can. For assistance, you can contact a criminal defense attorney in your area.