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Sexual Assault Vs Aggravated Sexual Assault

Sexual assault is a serious offense that often results in severe penalties, including long prison sentences and hefty fines. Having a strong criminal defense attorney is essential to fighting the charges.

Aggravated sexual assault includes any unwanted touching of a victim’s intimate parts, such as the anus or groin, as well as nonconsensual intercourse. Certain circumstances may make sexual assault aggravated, such as the use of a weapon or the threat of violence.

What is a Sexual Assault?

A person commits sexual assault when they engage in non-consensual genital contact without the victim’s consent. This can include penetration but it also covers other acts such as oral and anal contact or genital manipulation that does not involve penetration. Sexual penetration is a separate crime called rape.

For a person to be charged with sexual assault, it must be proven that the act happened without consent. Proving this is a challenge since there are several possible defenses.

Among the most common is that the accused did not know or reasonably believe that the victim could not give consent. Other possible defenses are that the accused used force or coercion to violate the victim. This can include physical force or mental coercion or threats to harm the victim or their family.

Aggravated sexual assault is a serious felony charge that has harsher penalties than general sexual assault charges. The penalties include mandatory minimum prison sentences and are often life in prison without the possibility of parole. This is because states consider aggravated sexual assault to be particularly harmful.

What is an Aggravated Sexual Assault?

If you commit a sexual assault or statutory rape with certain aggravating circumstances, you could face harsher penalties than usual. Some of these circumstances include causing physical injury to the victim; performing a lewd act with a minor or a disabled individual; using a deadly weapon during the assault; and attempting to kill or injure the person.

If convicted, you can expect to serve at least one year in prison for an aggravated sexual assault conviction. However, there are also possible defenses to this crime that may help reduce the sentence or even get the case dismissed.

For example, you may be able to prove that you did not intend to commit a sexual assault because you inserted your finger into the victim’s vagina or urethra for medical purposes and not for personal gratification. Additionally, if you can show that the age difference between yourself and the victim was less than 14 years, you could avoid an aggravated sexual assault conviction.

What are the Differences Between the Two?

The primary distinction is that sexual assault lacks the additional aggravating factor that elevates aggravated sexual assault cases. Sexual assault is typically considered a felony offense that results in imprisonment, counseling, and mandatory registration as a sex offender.

It is important to remember that sexual abuse can take many forms and consent is always required. If an individual is coerced to engage in sex activity against their will, this is still a sexual assault and could lead to serious legal consequences. This is particularly true if physical force or other methods of coercion are used.

Aggravated sexual assault can occur when a person is in a position of authority over another (professional, legal, or occupational) and uses that power to coerce the victim into engaging in sexual conduct against their will. It is also possible to be charged with aggravated sexual assault if a child is involved and/or if the perpetrator has committed multiple acts of sexual violence against the same victim over an extended period of time.

What Are the Penalties for Aggravated Sexual Assault?

There are several circumstances that can elevate a sexual assault to an aggravated offense. Some of these include having a weapon, using illegal substances, having a victim under 16 years old or over, having serious bodily injury or death, and the perpetrator having a position of trust or authority in the victim’s life such as a doctor, therapist, police officer, teacher, coach, or employer.

When an aggravated sexual assault occurs, the punishments are much more severe than for sexual assault and can include life imprisonment. The defendant can also be ordered to pay restitution, which must cover the victim’s losses.

If you’re facing a sexual assault or aggravated sexual assault charge, it is important to contact a knowledgeable attorney as soon as possible. There may be various defenses available to you. An air-tight alibi is one of the most common defenses and is effective when backed by substantial evidence. This can prove that you were elsewhere at the time of the crime.

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