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How to Beat a Sexual Assault Charge

If you’ve been accused of sexual assault or another similar charge, you may be wondering what your legal options are. Being convicted of a sex crime can adversely impact your life in many ways. If you find yourself in this situation, the first move is to hire a knowledgeable and experienced criminal defense attorney. You must also avoid speaking to the police or others about the alleged crime without the presence or advice of your attorney.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


What is Sexual Assault?

Sexual assault occurs when a person touches another person in a sexual manner without their consent, or when someone makes another person take part in a sexual activity without that person's consent. This includes unwanted kissing and sexual touching.

Types of Sexual Assault

There are various levels of sexual assault, including:

  • Rape - Sexual intercourse against a person’s will
  • Forcible sodomy - Anal or oral sex against a person’s will
  • Forcible object penetration - Penetrating someone’s vagina or anus, or causing that person to penetrate her or himself, against that person’s will
  • Marital rape - Rape committed by the person to whom the victim is married.
  • Unwanted sexual touching - Any sexual touching that occurs without the explicit consent of the recipient
  • Sexual contact with minors (whether consensual or not) - The act of touching a minor's body for a sexual purpose. This sex crime is also known as lewd and lascivious conduct on a minor.
  • Incest - Sexual intercourse or sexual intrusion between family members.
  • Any unwanted or coerced sexual contact - Using pressure or influence to get someone to agree to sex

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How is Sexual Assault Punished?

Sexual assault is classified as a second-degree felony in the United States. Those convicted of the crime can receive a sentence of from 2 to 20 years in a state prison and a fine of up to $10,000.

What is the Difference Between First, Second, Third and Fourth Degree Sexual Assault?

1st and 3rd degree sexual assault involves a sexual assault that includes sexual penetration. 2nd and 4th degrees involve sexual assault with sexual contact.

What are the 5 D's of Sexual Assault?

The 5 D's of sexual assault are Direct, Distract, Delay, Delegate, and Document. These are different methods that bystanders can use to support someone who is being harassed, emphasizing that harassment is not right, and demonstrating to people in your life that they too have the power to make our communities and workplaces safer.

The most basic defense in a sexual assault case is a claim of actual innocence. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place.

How Can You Tell if Someone is Lying About Being Assaulted?

Many allegations of sexual abuse are true and accurate, but not all. Some common signs that a person is lying include:

  • The person does not answer a question right away, but pauses or delays their answer as they try to think about what to say.
  • The person looks away and will not make eye contact.
  • The person instinctively touches their mouth while speaking.
  • The person swallows or clears their throat when answering a question.

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