Sexual assault, in its multiple forms affects numerous people both temporarily and permanently. Different gestures or actions can fall under its umbrella, with the common factor being inappropriate behavior with a lack of consent.
The statutes of law in different jurisdictions determine how such situations are handled. They also stipulate the lines of applicable punishment. For clarification, a couple of examples, which do range from mild to extreme include:
- inappropriate touching of sensitive or private areas
- unwanted bodily contact
- an unwanted kiss on the cheek
- forcing the provision or receipt of oral sex on another person
The Burden of Proof
Involuntary sexual contact lies at the center of these kinds of cases, which consists of employing elements of coercion, force, misrepresentation, or even psychedelics. For example, a victim may be considered unfit to have partaken in sexual acts if the situation demonstrates a lack of understanding of the activities performed.
The burden of proof tends to rest with evidence of the act if present, as well as a clear determination that there was no consent involved. So, for example, if alcohol was present and consent was given in a less than fit mental state, then the circumstances could lead to a sexual assault case.
Depending on the jurisdiction, there may be a further category for sexual assault cases. For example, a case may be penetrative instead of classifying as involuntary touching.
There is a line of belief that such cases cannot be brought against a spouse, but more jurisdictions are increasingly ramping up their statutes to protect spouses who may have suffered from sexual assault.
Unfortunately, the belief alluded to would perpetuate that the “sexual responsibility” of a spouse removes any question of consent. This would give the presence of common law or marital relationship the ability to have merit as a suitable defense. Removing this allows for the prosecution of the act based purely on the sum of its lack of consensual circumstances.
Reach out to an FMK Attorney
If you have found yourself in the crosshairs of a potential sexual assault case, it may be in your best interest to reach out to the experienced team at FMK Law Group.
As a victim, it becomes difficult to navigate the legal procedures while addressing the psychological and emotional trauma that is synonymous with these kinds of occurrences. Let the team worry about the legal proceedings, as you can focus on winning your internal battle.
As an alleged aggressor, fines and other penalties can be quite steep if you are proven guilty, especially depending on the severity of the classification. Should you be charged with sexual assault, it is also in your best interest to reach out to an expert legal team to understand your situation and what your options may be.
The matter of sexual assault is no joke, and the law is very clear on the penalties that are associated with such acts. When dealing with these kinds of incidents, you need expert representation to navigate the grueling process.
Seek a consultation with FMK Law Group today, as doing so makes for a more effective proceeding.