A Sexual Assault personal injury lawyer Billings is an excellent choice for you in a court of law. Sexual assault charges typically arise from intimate acts and often center on the question of consent. While the defendant may admit to the act, he may argue that the alleged victim gave consent before he did it. However, the alleged victim may change her story later on, when the consequences of the action become evident. This article provides you with information you need to protect your rights.
Less serious crimes
Less serious crimes for sexual assault include various types of sexual misconduct. While rape is the most serious type, less serious crimes include touching, groping, and frottage. Generally, sexual assault crimes are deemed less serious, but the victim’s race plays a role in determining the severity of the offense. A study was conducted to assess the costs of victim services. The researchers found that victims of sexual assault often experience the highest costs, although victims of other violent crimes tend to receive less-serious penalties.
In forty-five states, rape can be prosecuted only if the act involves the use of force. This means that if the victim is under the age of 13, the perpetrator is convicted of rape. Other offenses such as attempted rape carry less serious penalties. In addition to the more serious penalties, sexual assault may also be a lesser crime than aggravated sexual battery, which carries a hefty fine of up to $100,000.
Penalties for aggravated sexual battery
If the victim is hospitalized, disabled or medically incapacitated, he or she may be the target of an aggravated sexual battery charge. In addition to physical injuries, aggravated sexual battery may also involve the use of a weapon. Penalties for aggravated sexual battery depend on the victim’s age, the severity of the damage and any aggravating circumstances. For example, a minor might be the target of an assault on a grown man.
In addition to prison time, a conviction for aggravated sexual battery carries a fine of up to $25,000 and can cause you to be registered as a sex offender. Oftentimes, aggravated sexual battery convictions are punishable by a fine of less than $25,000 or a year in jail. However, some states have enacted laws limiting the maximum sentence for sexual battery.
Rights of victims
Sexual assault survivors are granted certain rights by state law or the constitution. Every state has a general victims’ rights law, granting survivors certain rights. For example, victims are entitled to be treated fairly, receive a victim’s kit, and know when their case status changes. However, they do not have the right to choose sexual contact with a stranger. They also have the right to refuse sexual contact. To be treated fairly, victims must be aware that sexual assault is a crime.
As of 2011, nearly two-thirds of states have passed laws ensuring victim rights. These laws make victims’ rights more powerful and enforceable. While some states have only a few broad-worded rights, others provide comprehensive lists of victim-specific protections. Victim assistance programs are also available in many states. Nonetheless, many victims don’t have the resources to pursue their claims. In many cases, victims simply need to seek professional help.
While you can file criminal charges against a perpetrator, there are other legal options for those who have been victimized by sexual assault. You can file a human rights complaint, file a disciplinary action against a professional, or even bring a lawsuit against the university or employer. However, the process is long and there is no guarantee that you will win. That is why it is essential to seek legal counsel to determine your options.
A victim of sexual assault can file a civil suit against the perpetrator, although you must be under the age of 21. In such cases, it is imperative that you seek legal counsel right away to determine what costs and compensation you can expect to receive. In addition to pain and suffering, you can also sue for costs, as well as the loss of income that you may have experienced. However, be aware that there are time limits for filing a civil suit. In general, you have two years from the date you suffered harm from the sexual assault to file the complaint.