What Is The Difference Between Sexual Assault And Rape?
Posted July 25th, 2021 by Anthony Carbone.
Categories: Criminal Defense.
Whether the charges are rape or sexual assault, the defendant faces possible significant penalties. This is because both crimes result in devastating consequences to the victim. Most people use sexual assault and rape interchangeably, but there is a difference between the two. With a North Bergen Personal Injury Attorney, you get an expert dedicated to helping you protect your rights when faced with either charge.
What is the legal definition of rape?
According to the law, rape is any form of penetration without consent by either partner. This includes vaginal, anal, and oral penetration. The United States Department of Justice also defines rape as slight or significant penetration of the vagina or anus with a body part or an organ or oral penetration with a sex organ without the victim’s consent.
What is the legal definition of sexual assault?
Sexual assault is broader than rape because it is not limited to penetration. Instead, it is any touching, molestation, and fondling. The United States Department of Justice defines sexual assault as any sexual contact without the consent of either party. Therefore, sodomy, incest, child molestation, and attempted rape can also be classified as sexual assault.
Penalties for sexual assault and rape
Since the law changes from state to state, charges of rape and sexual assault can be overwhelming. If found guilty, the court may sentence you to a lengthy period in jail or punish you with financially devastating fines depending on your state. Rape carries a possible sentence of 10 to 20 years; aggravated rape could be a life sentence, while sexual assault has 1 to 25 years or a fine of up to $100000.
Other consequences include termination from employment, challenges in relationships, and entry to the national sex register, which can ruin the rest of your life. Luckily, with the best representation, you can plea a bargain to avoid registration as a sex offender.
What to do when faced with rape or sexual assault charges
The first and the most important thing to do when faced with such severe charges is to call an attorney for legal advice and representation. It would help if you had an experienced criminal defense lawyer who has handled and succeeded in similar federal courtroom cases. They will carefully investigate:
- Whether the act was consensual
- The validity of the evidence brought against you
- The credibility of the victim
Such investigations help reduce or dismiss charges brought against you from harsh sex crime convictions. A qualified team will also look for evidence that proves you were wrongly accused of sexual assault or rape. Remember, wrongful; accusations will bring horror, embarrassment, tannish your reputation, and ruin the relationship with your family.
Work with the Law Offices of Anthony Carbone
Our North Bergen Personal Injury Attorney will do everything possible to avoid severe consequences of imprisonment and entry to the sex offender register. With over thirty years of experience and success in the federal court, you are assured of the best possible representation. Call the offices today at 201-829-3829 to discuss your case.
