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Home > Indianapolis Sexual Assault lawyers

Indianapolis Sexual Assault lawyers

Sexual Assault

Many states have undertaken a revision of their rape and assault laws, and have created a broad set of sexually related crimes. These crimes are often referred to collectively as sexual assault, criminal sexual conduct, or sexual abuse. The chief characteristic of all of these crimes is that they prohibit doing any type of sexual act against another person's will. Generally, it is not necessary to show physical resistance on the part of the victim, only that the victim did not consent to the act. The modern trend is to make the laws against sexual assault gender neutral, so that they apply to acts done against men, as well as acts committed against women. The most serious types of sexual assaults are those committed against children, or those that involve the use of violence. Other types of sexual assault include indecent conduct in public, voyeurism, sexual imposition (sexual assault on a person who is incapacitated from drugs or alcohol, or who has a mental disability), sexual battery (sexual assault using pressure or trickery), and sexual conduct with a person too young to consent legally to the conduct. If you are accused of sexual assault, you need the services of a skilled Indianapolis Sexual Assault lawyers, who knows the ins and outs of handling a sexual assault case.

If you have been charged with assault and battery in Indiana, contact Indianapolis Sexual Assault lawyers for a free consultation.

Is sexual assault the same as rape?

The customary definition of rape requires an act of sexual intercourse, or sexual penetration. Sexual assault includes contact such as sexual touching. Nationwide, fewer than one-third of all sexual assault cases involve rape or forced intercourse. The most common type of sexual assault involves unwanted touching or fondling. Approximately 90% of all sexual assault allegations were made by somebody who knew the person they accused. Consensual sexual conduct may give rise to criminal charges if the act is done with a minor. Criminal sexual assault may also arise from an act done by someone of the same gender as the victim. The seriousness of a sexual assault charge, as well as the penalty that may be imposed, often depends upon the amount and type of force used, and the injuries suffered by the victim. The victim's resistance is not a major factor in deciding the severity of the charge. Sexual assault charges are almost invariably felony charges, although some types of sexual assaults may be misdemeanors. The penalties for sexual assault are severe, and may include a prison term, stiff monetary fines, possible psychiatric evaluation and treatment, and possible payment of restitution to the victim. A person convicted of sexual assault probably will be forced to register as a sex offender for the rest of his or her life, and have his or her name appear on the public registry of sex offenders.

Prosecution and defense of sexual assault cases

Usually, the only witnesses to a sexual assault are the alleged victim and the person accused. Many cases thus become "he said/she said" types of cases, in which one person's word is pitted against another's. Prosecutors tend to bring charges in most or all sexual assault accusations, even if the accuser lacks credibility, or the proof seems weak. False charges do get me, for a variety of reasons, such as jealousy, revenge, attention seeking, or a wish to hid or cover up wrongdoing. Some accusations are brought with no discernible motive. False allegations have been made by children, as well as adults. Children are easily influenced, especially by an older person who may have an agenda of his or her own that is being pursued. The child may also have been influenced by an overactive imagination, or something he or she heard or saw somewhere else (television or movies can be a powerful influence on a young child's imagination). An adequate defense against a sexual assault charge requires information. Your attorney must start the investigation of your case as soon as possible, to make the best defense of your rights. It is often hard to believe that anyone could make up an accusation of something as serious as sexual assault, but they can, and you need a lawyer who will help you to find the evidence, and use it properly in court to prove your case.

Conclusion

Sexual assault includes many types of sexual acts done without the consent of another. These cases frequently do not involve eyewitnesses and, as a result, are some of the most complicated cases to disprove. Even without much evidence, prosecutors are reluctant not to proceed with filing charges. Being convicted of sexual assault can result in lengthy prison time and a lifetime of being shunned once you are released. If you are facing sexual assault charges, you need an experienced and aggressive defense.

If you have been charged with Sexual Assault in Indiana, contact a Indianapolis Sexual Assault lawyers for a free consultation.









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