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Transcript of Sexual Assult
Level three (Aggravated Assault): assault resulting in wounding, maiming, disfiguring or endangering the life of the victim. Punishments Level One: Conviction for a level one assault is punishable for up to 10 years in prison and any other charges that are seen appropriate by the judge. Level Two: Conviction for this assault is punishable for up to 14 years in prison and any other charges that are seen appropriate by the judge. Level Three: This level of assault can result in life in prison as well as any charges that the judge finds appropriate. Defenses Innocence: It is very common form of defense for sexual assault cases. The accused may try and argue that there was no way they could have committed the crime because they were in a totally different location at the time of the assault. This is known as presenting an "alibi." The accused must provide credible evidence like, plane tickets or credit card records to prove they were in a different place. The accused can also say they were mistaken for someone else. For this claim there must be more credible evidence like DNA from the scene that will establish the identity of the offender. Consent: The accused will use the consent defense, admitting to their behavior but, will argue that the victim's consent was given for the particular behavior to eliminate the charges given. Though, showing consent can be both difficult and controversial for the accused because they don't have direct evidence from the crime that states if there was or wasn't consent. In this case the accused will try and use the victims past sexual history, but the rape shield covers the victim in court and therefore is overlooked . Insanity or Mental Incapacity: The accused will plea that they had a mental disease or defect at the time of the crime and that they should not be held responsible for their actions. Since they plea that they were affected by a mental disease at the time they feel they should not be held responsible and all the charges should be dropped. The offender must be able to prove that they have a mental disease or defect that prevented them from knowing the criminal nature of their actions. A man is charged with sexual assult after a fun night gone wrong. L.T. was with her friend, B.M., throughout most of the day leading up to the time the assault occurred. They had consumed numerous alcoholic drinks at her apartment and a tavern. After supper they purchased a bottle of rye whiskey. The respondent and his friend, D.D., shared a basement apartment in the building in which L.T.'s apartment was located. The two couples decided to go out together that evening. They consumed some of the rye, then visited a tavern and later a restaurant, during which time all continued to have drinks. They returned to L.T.'s apartment at about 2 a.m. It is clear that L.T. had several drinks during that evening. While the two women were in the kitchen talking, the two men fell asleep in the livingroom. D.D. left for her apartment at about 2:20 a.m. leaving the respondent sleeping in a chair in L.T.'s apartment. L.T. left the kitchen light on; left the apartment door unlocked, thinking that the respondent would awake and wish to return to his apartment; closed her bedroom door; and went to bed. She slept in her bra and panties. The trial judge commented that "she undoubtedly was in a deep sleep having spent a rather long day and having consumed a fairly substantial quantity of alcohol". She awoke to find that her clothing had been removed and that the respondent had his head between her legs, performing oral sex. He was naked. She recognized him when she pushed him away. She asked what the hell he thought he was doing and told him to get out. Rather than comply, the respondent attempted to kiss her. He then got on top of her, held down her arms while she struggled, attempted to get her legs apart and have sexual intercourse with her. He ejaculated over her legs. He then left and she went to the bathroom to wash off the semen. The next day the police were called. R .v. D.A.W Sexual Assault is defined as an assault of sexual nature that violates the sexual integrity of the victim. There are three levels of sexual assault.
Level one: any form of unwanted sexual activity (kissing, touching, oral sex) that is forced upon another person.
Level two: a sexual assault in which the perpetrator uses, or threatens to use a weapon or causes bodily harm or commits the assault with another person (multiple assailants)