Last updated September 3, 2010
Sexual Assault
Sexual assault charges are serious crimes that are governed by state laws. It is important to understand that these laws do vary from state to state, so you must understand what constitutes a sexual offense in your own location. However, most sexual assault cases are based upon someone committing an act of sexually touching another person without his or her consent. The sexual assault may fall short of sexual intercourse, otherwise it would be rape, but it may involve attempted rape. Sexual assault also implies that there was a force, violence, or intimidation used. This may include sexual battery or unwanted touching of another person without his or her consent.
In addition to state laws, there are also federal laws that define sexual abuse and assault. Aggravated sexual abuse includes force or threat and may include the act of kidnapping to perform sexual acts upon another person. Sometimes, aggravated sexual abuse may include giving the victim drugs or another substance that will prevent them from consenting to the sexual encounter. The punishment for aggravated sexual abuse is a sentence not less than twenty years in prison and a fine.
If you are a victim of sexual assault, it is imperative that you seek help right away. Your first step should be to contact your local police and file a report. You will also need to go the emergency room immediately. Many people make the mistake of delaying calling the police or going to the hospital and this can greatly impact their case. If you delay going to the emergency room, you have no proof that several days later, any injuries you sustained were inflicted due to the assault. When you contact the police and go to the emergency room immediately, you are building vital evidence that is needed for your case.
Likewise, if someone has been falsely accused of sexual assault, it is very important to seek the advice of a criminal defense attorney who has experience with sexual assault cases.
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