A sex crime arrest or police investigation of a sex crime allegation is a serious matter. Any accusation of a sexual offense should prompt an immediate call to an experienced sex crimes attorney. Recent statistics demonstrate that police or prosecutors reject up to 30% of rape allegations as unfounded at the level of investigation. This means that many victims who cry "rape" are found to be not credible, and the cases are dropped. That is why if you are contacted by the police concerning an investigation of a sex crime, you should immediately seek counsel and advice from a Stamford sex crime lawyer to protect your rights. Remember, you should always remain silent and refuse to answer any questions without first contacting an attorney.
A conviction for a sex crime can destroy your reputation, lead to lengthy prison sentences, and result in severe penalties. In sex cases, there are mandatory sexual offender registration requirements, the requirement for sex offender treatment, and counseling, which is very intensive and invasive and extensive periods of probation and court supervision. Being registered as a sex offender can have significant effects on your ability to seek employment, travel, and even find a place to live. Therefore, it is imperative that you retain a skilled, aggressive Stamford sex crime attorney who will fight for your future.
Whether it be by trying to obtain the most lenient sentence possible or by having your case dismissed, Attorney Allan F. Friedman will exhaust every legal avenue to get the outcome you desire. First-time offenders who are charged with less severe sexual offenses may be eligible for diversionary programs depending on the circumstances of their case. With over two decades of experience, Attorney Friedman has vast experience representing clients who are charged with sex crimes. He understands that individuals charged with sex crimes are going through a very stressful and life-changing experience, so he brings empathy, compassion, and skill to each of their cases.
Why Choose the Law Offices of Allan F. Friedman?Some of the more frequent examples of sex crimes which we defend include:
In the following sections, we will discuss at greater length some of the more common sex crimes which we defend and briefly review some of our strategies for defending these allegations. Remember, a criminal charge is only an allegation. You are presumed innocent. At the Law Offices of Allan F. Friedman, we never forget this basic constitutional premise.
Date Rape ArrestsMany people are under the mistaken belief that a date rape allegation between people involved in a relationship or who know each other to some extent is somehow not as serious as a typical rape charge. The term date rape has a more casual ring to it than forcible rape; however, under Connecticut law, the penalty for date rape and other rapes is just as severe. If you are under investigation for a "date rape," you should immediately stop answering any questions and contact an experienced Stamford sex crime attorney.
While there is no exact crime of "date rape" in Connecticut per se, it is treated under the law the same as a normal rape. For this reason, under Connecticut law, the punishment for a "date rape" is the same as for a forcible violent rape between strangers. The statutory reference is C.G.S.§ 53a-70 sexual assault in the first degree. In the context of "date rape" or "campus rape," this statute covers two different factual scenarios. The first is a classic rape that occurs within the context of a dating or social relationship in which the actor forces himself upon the victim who says "no" or does not consent to sexual intercourse. It is important to note that often victims may initiate some level of physical intimacy at first and then elect to stop. If the accused persists and forces the victim to engage in unwanted sexual intercourse, it is sexual assault in the first degree.
The other kind of "date rape" covers circumstances in which there has been sexual intercourse between parties where one party was so intoxicated so that they were mentally unable to consent to the sexual act. (Note that under Connecticut law intercourse is very broadly defined and can include the slightest penetration – even with just a finger or a device). One common misconception about "date rape" is in order to be guilty of a "date rape" that you have to have slipped some intoxicating substance "date rape drug" into the victim's drink such as a "roofie" in order to induce the victim into a state of unconsciousness or helplessness and then used that situation to have taken advantage of them and had sex with them against their will. This is not accurate. In fact, you can be sharing an evening with someone who is voluntarily and willingly putting themselves into a highly intoxicated state and eventually winds up in a condition where their mental capacity is sufficiently affected to the degree that they are unable to consent to sexual activity.
If you were to engage in sexual intercourse with them while they were so highly intoxicated, even though you had no part in them becoming intoxicated, and even though at the time they may have seen like willing participants in the sexual activity you could be charged with "date rape" because the victim's mental condition was such that the level of intoxication rendered them legally unable to consent to sexual intercourse. Thus the law in Connecticut draws no distinction between someone who slips a "roofie" into someone's drink in a bar and then brings them someplace and has sex with them against their will and without their knowledge on the one hand and someone who happens to run into a highly intoxicated individual in a bar and decides to have sex with that person on the other hand.
If you are convicted of a "date rape" or "campus rape" crime, you face up to twenty years in jail, two years of which are mandatory minimum, registration as a sex offender and sex offender counseling. In addition, the conviction will destroy your reputation, ability to secure employment, ability to find a place to live, and many other aspects of your future. This is why if you suspect that someone is making a "date rape" allegation against you or if the police have contacted you concerning a claim of "date rape" that you immediately seek the counsel of an experienced Connecticut criminal defense attorney who can take control of the investigation and prevent you from making incriminating statements to the police.
It is not at all uncommon for romantic partners in a dating relationship to seek revenge for a variety of perceived wrongs by making false date rape allegations. In fact, over the years, we have seen many so-called victims later prosecuted for making a false complaint after their stories fell apart under police scrutiny. If you have any suspicion that someone is accusing you of date rape, it is imperative that you immediately seek legal counsel with an attorney and stop all communications of any kind with the accuser.
If you are facing a "date rape" or "campus rape" charge, your entire future is on the line. The defense of these crimes involves two levels. At the first stage, you want to cut off all communications with the victim, all of which can and will be used against you. You should retain an experienced Stamford sex crime attorney to review the facts and circumstances of the case and help decide on whether or not you are going to give your side of the story to the police. At the next level, the defense shifts to carefully examining the victim's allegations and finding inconsistent statements. We immediately employ our investigative team to interview witnesses and find exculpatory video and surveillance footage, which may contradict the victims' claims. Very often, social media postings by the victim in the hours after the incident can provide a tremendous amount of exculpatory evidence; we move aggressively to preserve all of this data before it is erased.
Statutory Rape Arrests - Sexual Assault in the Second DegreeStatutory rape arrests are perhaps the most commonly charged sex crimes in Connecticut. It is a severe criminal offense and carries a nine-month mandatory minimum jail sentence and sex offender registration. While the term "statutory rape" is commonly used to describe the crime of an adult having sexual relations with a minor who is under the age of consent (which is 16 in Connecticut), "statutory rape" in Connecticut as we will see covers a lot of other varieties of sexual relationships that do not involve minors. The crime of "statutory rape" is actually called sexual assault in the second degree, and the statutory reference is C.G.S.§ 53a-71.
The fact that the victim in a statutory rape case was a willing participant in the sexual activity and did not want to participate in the prosecution of the case is not a defense to the charge. The reason for this is because the crime of statutory rape presumes by statute or operation of law that the victim lacks the mental capacity to provide consent to sexual activity. This is why when there is evidence of a sexual act between parties that fall within the statutory rape statute such as an accidental pregnancy, diary, text messages, or an eye witness; it becomes a challenging case to defend. Anyone who is under investigation for a statutory rape should remain silent and make no statements what so ever to the police without first consulting with a Stamford criminal lawyer for legal advice.
In many statutory rape cases, the defendants think that the consent of the victim is a defense to the crime and therefore give statements to the police that implicate themselves in the act of having sexual relations with the victim. If they had first consulted with an experienced Stamford criminal attorney, they would have invoked their constitutional right to remain silent. Do not allow your own words to dig yourself into a hole. If police contact you, contact a sex crimes defense lawyer serving Stamford before you say anything.
To summarize the statutory rape statute, some of the situations covered by the statute which make sexual contact illegal include:
One more point to add, the fact that the victim may have lied to you and misrepresented her age is not a defense to statutory rape. Do not attempt to talk your way out of a statutory rape allegation by speaking with a police detective and try to justify your actions. All you will wind up doing is putting the nails in your coffin. If you are the subject of a statutory rape allegation investigation, contact a Connecticut criminal lawyer before you answer any questions.
If you have been charged with statutory rape already, the best defense is a forceful and zealous offense. With your life, reputation, and liberty at stake, we will leave no stone unturned to find any way to defend you against the allegations. Often the victims of these kinds of offenses have led very dysfunctional lives and have engaged in sexual acts with a multitude of individuals. It is imperative to thoroughly investigate every aspect of the police report and the victim's allegations and look for any inconsistencies or false statements that can be exploited to build the foundation of an effective defense strategy. In today's technologically advanced society, social media records and accounts often are a source of evidence to contradict the statements made by the victim to police. It is crucial to examine everything and use our over 30 years of experience to find the weakness in the state's case.
Sexual Assault and Rape CrimesRape and sexual assault charges in Connecticut vary from very serious felonies to lower level misdemeanors depending on the level of sexual contact, the age of the victim and the degree of force used. The top-level crime is the class A felony of sexual assault in the first degree, which involves crimes such as the use of force to compel sexual intercourse or to have sexual intercourse with a victim under the age of 13. This is the most serious level of a sex offense in Connecticut. If you have been charged with this crime, you need to seek immediate legal representation with an experienced sex crime attorney serving Stamford.
Sexual assault in the 3rd degree involves situations where sexual contact such as grabbing and touching is compelled by threat or by force.
Sexual assault in the 4th degree is the least serious of the Connecticut sex crimes and is a misdemeanor. It covers an extensive range of circumstances and situations in which the law criminalizes sexual contact on the theory that due to the status of the victim as a matter of law, the victim is unable to provide consent. It also covers cases where the accused engages in sexual contact with a victim who simply does not consent to that contact. Studies show that many sexual assault allegations are false. Being falsely accused of sexual assault can be a devastating and traumatizing experience and turn your whole life upside down. False accusations of sexual assault can result in those accused to suffer from many serious consequences such as loss of your job, having your name and photo in the newspaper, and internet and adverse psychological effects. Those falsely accused of rape often become depressed, anxious, or even suicidal. If you are accused of sexual assault or rape, you do not need to feel hopeless. A highly experienced sex crimes attorney will strive to get a not guilty verdict from the jury, or at the very least, the attorney can work toward receiving a lenient sentence from the judge.
In many cases, children are the alleged victims of sexual contact. In these situations, the children are brought to specialized interrogation centers where they are interviewed under very controlled circumstances and questioned about their memories of events that may have occurred years before. It is a proven fact that young children are very easily influenced by outside factors and actors who may have hidden agendas. Many such allegations are false. Yet the mere accusation is sufficient to subject you to severe criminal charges and the long, arduous road towards defending your reputation and freedom. It takes a lot of expertise, experience, and tenacity to dig deeper into the facts and circumstances of the case to find weaknesses in the state's case and expose the inconsistencies in the child's allegations, which can lead to a successful outcome.
Child Pornography Possession CrimesChild pornography possession crimes are taken very seriously in Connecticut. Under Connecticut law, child pornography is defined as images, photos, or films in which individuals under 16 are performing sexually explicit acts. If you are under investigation or have been charged with one of these offenses, you need an experienced Stamford child pornography possession defense lawyer to protect your liberty, your rights, and your reputation. Attorney Allan F. Friedman represents clients throughout Connecticut, providing the quality, experienced, zealous, and results-driven legal representation needed to overcome these severe computer sex crimes and put their lives back together.
Make no mistake possession of child pornography is a severe criminal offense, and those found guilty can face years in jail. The public shame and embarrassment associated with an arrest for these kinds of crimes can result in stress, humiliation, and the loss of employment prospects.
Often, individuals download child porn movies or files without realizing that minors are in films or pictures. Also, the actors in these images often appear to be older than they are. If you did not know that the film contained child pornography, the charges for possession of child pornography may not be legally valid. You should retain a skilled Stamford child porn defense attorney who can defend your liberty and protect your rights and privacy.
Compassionate Sex Crime Defense Lawyers in Stamford CTIf you are under investigation for or have been already charged with a sex crime, you will need an understanding, experienced criminal defense lawyer at your side. You can count on Attorney Friedman to work tirelessly on your case because, at The Law Offices of Allan F. Friedman, your life, reputation, and liberty are our top priority. We realize everything that is at stake when you are facing a sex crime charge. Our rates are reasonable, and we offer payment plans. Contact us today for a free consultation at (203) 357-5555 or contact us online. We serve clients in Greenwich, Cos Cob, Darien, Stamford, Norwalk, Wilton, Fairfield, Westport, Bridgeport, Danbury, Milford, and throughout the State of Connecticut.