Experiencing a sexual assault can be traumatic and confusing, as a trusted party often does it. Sexual assaults are not the victims’ fault, but unfortunately, many survivors of sexual assault feel they did have some fault in what happened to them. This has led to many victims not reporting the abuse or allowing the abuse to happen because they think they do not have options. The truth is you have legal options and should be protected if you are a victim of sexual assault. A Reading sexual assault attorney can explain the options you have to hold the responsible parties accountable.
Deviate Sexual Intercourse
You may be under the impression that sexual assault involves vaginal penetration. However, there are many other ways that a sexual assault can occur. The most common ways that a sexual assault can occur without vaginal penetration include:
- Anal penetration
- Oral penetration
- Forcing a penis into another person’s mouth
- Forcing a penis into your mouth
These sexual acts would fall under deviate sexual intercourse meaning they are considered sexual assault or rape. While you may find this unconventional, it is not, and you will need a Reading sexual assault attorney to defend you in these types of cases as they can be complex.
Criminal Versus Civil
There are two ways that a sexual assault can be tried in court. The first is in civil court, and this will require your Reading sexual assault attorney to present sufficient evidence to indicate that there was at minimum a 50 chance that the assault occurred.
In a criminal case, your attorney will need to prove beyond a reasonable doubt that the assault occurred. This will require more evidence than in a civil case. The best course of action for your case can be determined with the help of an attorney, so do not fret about whether you should file criminal or civil charges.
Possible Defenses in Sexual Assault Cases
As a victim of sexual assault, you may be wondering if the abuser will be able to get out of these charges. There are some defenses they can use to try and avoid being held liable for their actions. Defenses can include:
- Mistaken identity
- The act was consensual
- Involuntary intoxication
- Romeo and Juliet exception
In some places, marital couples could not file sexual assault claims, and there was a marital exception that could be used. Some states are removing this defense and no longer discern cases by married and unmarried couples. Sexual assault is sexual assault regardless of the relationship between the two parties.
Speak with a Reading Sexual Assault attorney
Several parties can commit sexual assault and take advantage of unsuspecting victims. Often these victims are scared to lose their jobs or of what people will think of them. A person cannot and should not retaliate against you for reporting a sexual assault. You have rights, and our Reading sexual assault attorney is here to protect those rights. Call Soloff & Zervanos, P.C. at 866-597-8572, or complete a contact form to discuss your legal options after an assault.