Connecticut Sexual Assault Charges

Written By CT Criminal Defense Lawyer, Attorney Tina Sypek D’Amato

Sexual Assault allegations have the most devastating consequences. Charges including rape, risk of injury, child molestation, and child pornography carry penalties far exceeding just a conviction, with offers that include significant jail time and collateral consequences involving lengthy probationary periods and sex offender registration. The damage to one’s reputation, even when acquitted, is catastrophic! As such, you must find a lawyer who is competent in defending crimes involving sexual assaults or possession of pornography.

He Said, She Said

Many people assume that if there are no witnesses, and it’s just one person’s word against another’s, the case can’t be proven. This is a misconception. Even if the police have only one side of the story, and it may not make perfect sense, there’s still a high likelihood—about 99% of the time—that you will be arrested. Under the law, a person’s statement is given the same weight as physical evidence. If the statement is deemed credible, it can lead to an arrest. The judge will instruct the jury that they are the sole arbiters of truth, responsible for determining whether the witness is credible. If the jury believes the complaining witness and finds that their testimony supports each element of the crime, they are obligated to find the defendant guilty. So yes, a case can indeed be proven based solely on the testimony of the complaining witness.

Other Common Sexual Assault Case Issues

Another critical issue arises when a witness either refuses to testify or takes the stand to recant their previous statement, claiming they lied. If the witness initially provided a statement to the police and signed it under penalty of perjury, that original statement holds significant weight in the courtroom. The judge will instruct the jury that the original statement should be given more consideration than the witness’s current testimony. This is because the initial statement was made closer in time to the incident, when the details were presumably fresher in the witness’s mind and less influenced by external factors. The law assumes that statements made immediately after the crime are more reliable and accurate, which is why the jury is guided to treat that initial account with greater importance.

Police and Connecticut Sexual Assault Charges

I understand this may be controversial and might draw criticism from other lawyers, but there are situations involving sexual assault allegations where I may advise a client to speak with the police. While it’s rare, there are instances where I recommend that a client go to the police station and provide a statement. I only suggest this when I have substantial evidence that the client may be innocent. It’s important to understand that if you choose not to make a statement, an arrest is almost inevitable. However, this doesn’t mean that giving a statement is always the best course of action. In a few rare cases, I have advised clients to speak with the police, and as a result, those clients were not prosecuted.

It Comes Down to the Facts

The details in these types of cases are often complex and confusing, which makes it crucial to have an attorney experienced in defending sexual assault cases. An experienced lawyer can help navigate the legal challenges, aiming to resolve the case in the best possible way while minimizing or eliminating the potential damage to your life.

The details in these types of cases are often complex and confusing, which makes it crucial to have an attorney experienced in defending sexual assault cases. An experienced lawyer can help navigate the legal challenges, aiming to resolve the case in the best possible way while minimizing or eliminating the potential damage to your life.

How an Experienced Criminal Defense Attorney Can Help

To uncover the truth about the alleged victim’s credibility, I have obtained records through subpoenas from juvenile programs, psychiatric treatment facilities, and the Department of Children and Families (DCF). Successfully defending against a wrongfully constructed child sexual abuse case may lead to a dismissal of charges, particularly if the complaining witness is found to have a history of making false accusations.

A Small Law Firm with a Big Heart

Whether your sexual abuse charges involve child molestation, rape, date rape, or child pornography possession, you can be assured that I will see you as a person, not as a personification of the alleged crime. Allow me to apply my knowledge and skills gained through experience advocating for people accused of sex assault offenses to your case. Whether guilty or innocent, rest assured I will work diligently to help resolve your case with the best possible outcome.