Aggravated Sexual Assault
Sexual assault cases span a very broad umbrella when the actions involved are quantified. On the simpler side of the spectrum, there is unwanted bodily contact. However, the more extreme side can see events, such as sodomy taking place.
One of the concepts that has stumped many civilians is aggravated sexual assault. At what point does it become “aggravated?”
The Aggravated Classification
Put simply, the aggravated classification speaks to the more heinous forms of sexual assault cases. The extenuating circumstances create an air of greater seriousness than more standard cases of rape or other forms of the offense. Injuries sustained also have a big part to play.
Realistically, there is no standard measuring stick that applies to every jurisdiction. That’s just one reason why retaining an experienced attorney is essential, as litigation experience breathes better navigation of locally applicable statutes.
Still, there are some generally accepted crimes in which virtually all jurisdictions classify as aggravated sexual assault. This includes:
- Sexual assault crimes that show a blatant disregard and even indifference for human life
- Multiple assailants commit the crime against the victim
- Extreme violence is used to get the victim into the state to perform the act, and the violence may even persist during and after that
- Certain known drugs are used to incapacitate the victim on a psychological level to facilitate the assault
- A parent, guardian, or other family member commits the act
- If the offender takes advantage of a position of power, whether it’s from a managerial, legal, or disciplinary status
Again, it’s essential to indicate that depending on your location, all of these, or only some of them may be classified as aggravated assault.
Age and Consent
The age of the victim is often considered in classifying these crimes. You may find that minors, based on their inability to properly consent and a potentially less than functional understanding of the world, require greater protection. Therefore, sexual assault committed against them, especially by persons who are meant to care for them, is more likely to be classified as aggravated.
Consent, of course, sits at the center of just about any sexual assault case. This central principle when present with adults, means no incident has occurred, but when absent, is a primary indicator of an assault case.
Identifying Your Attorney
In an aggravated sexual assault case, you could fall under one of two categories. The first is being on the side of the victim, either as the person against whom the attack was committed or a close relative or friend.
In this case, legal representation would help you traverse the correct process to handle the matter according to the applicable laws to your location.
Alternatively, you may be a defendant, which means you face lengthy prison penalties, losing constitutional rights, registering as a sex offender, etc.
In either case, it would be in your best interest to contact a legal professional at FMK Law Group to have a proper evaluation of the situation, to ensure that your options are carefully evaluated and considered.
Aggravated sexual assault is a serious crime and one that can have long-lasting effects on its victims. Regardless of the physical and mental factors involved. It is a legal matter, which means the best way to handle it is with the assistance of trained legal professionals.
The team at FMK Law Group has a collective decades-long scope of experience, which can translate to the best possible outcome from a legal standpoint.