Criminal/DUI Defense Blog

What Is Second Degree Sexual Assault?

Posted by Erin FieldMar 09, 20220 Comments

Textbook sexual assault 2nd degree

If you're worried about sexual assault charges, you probably have many questions about your case and what the charges mean. Below, we summarize what second degree sexual assault it and how we can help you defend your case. 

2nd Degree Sexual Assault 

According to the Connecitcut Penal Code, there are four degrees of sexual assault crimes. Under the Code, it's a 2nd degree sexual assault charge if: 

  • The perpetrator has sexual contact with a minor aged between 13 and 15; and 
  • The perpetrator is more than three years older than the minor. 

Second degree sexual assault may be prosecuted as a Class B or C felony, depending on the crime's severity and the age of the minor involved. 

Proving 2nd Degree Sexual Assault

To prove sexual assault in the second degree in Connecticut, the alleged victim must show that:

  • A sexual act took place between the perpetrator and the victim;
  • The perpetrator was more than three years older than the victim; and 
  • The victim was aged between 13 and 15 at the time of the incident. 

An experienced attorney can give you more information regarding how the prosecution will attempt to build their case against you, and how you can challenge the allegations. 

Penalties for 2nd Degree Sexual Assault

In Connecticut, those found guilty of 2nd degree sexual assault face at least nine months' imprisonment. They may also face the following financial penalties:  

  • Class B felony: A fine not exceeding $15,000 
  • Class C felony: A fine not exceeding $10,000

Furthermore, those found guilty of sexual assault are registered in Connecticut as sex offenders. This is publicly available information.   

Defenses Against 2nd Degree Sexual Abuse Charges 

Lawyer working 2nd degree sexual assault case

It's up to the prosecution to prove that 2nd degree sexual assault took place. There are various defenses available to those charged with sexual assault, including:

  • The incident did not take place at all;
  • Even if the incident did take place, the victim wrongly identified the defendant as the person responsible;  
  • The defendant did not know the victim was mentally incapacitated or incapable of giving consent; or 
  • The defendant has a mental impairment which means they're less able to understand the consequences of their actions.

An experienced criminal defense attorney can help you identify which defenses may be open to you, based on your individual case.    

Get Help With 2nd Degree Sexual Assault Charges

If you're facing 2nd degree sexual assault charges, an experienced criminal defense attorney can go over the facts of your case, help you understand the consequences of pleading guilty or not guilty, and represent you in court. 

At the Field Law Office, LLC, we have the experience to represent your best interests and find the flaws in the prosecution's case. We are committed to protecting your rights and ensuring you have the fair trial you deserve.    

In need of a sexual assault defense attorney in Connecticut? See how we can help today – contact us now