Sexual Offenses Resulting in Death

Sexual assault typically involves abusive touching or sexual contact with a victim, even if the attacker does not make actual physical contact with the victim's body, but uses body parts or secretions, food products, weapons or other instruments instead.

Being forced to engage in sexual acts is considered aggravated sexual abuse if the individual if it occurs by force or if the victim is coerced:

• through threats of kidnapping, injury, or death
• or if the victim is impaired or rendered unconscious.

The contact is considered abusive, because the victim is unable to refuse or consent to the sexual acts. Touching private parts intentionally without consent through clothes or directly with the intent to sexually exploit the other person, is unlawful. Aggravated sexual assault typically results in physical injuries that require medical care and is considered more serious than abusive sexual contact.

The consequences of sexual violence are wide-ranging, and can result in death, even if physical injury is not necessarily the consequence. Most often sexual offenses leading to death include issues relating to mental health, social well being and reproductive complications.

• Gynecological complications and pregnancy - Rape sometimes results in pregnancy, and depending on the circumstances, women or girls have to undergo backstreet abortions, which put their lives at risk. Also, young girls who experience coerced sex often fails to understand that she has control over her sexuality, which makes her less likely to use contraception. This can increase her likelihood of contracting sexually transmitted diseases and pregnancy complications that could lead to death.
• HIV - Sexually transmitted diseases, including HIV, are recognized as consequences of sexual assault that could lead to death.
• Mental health issues - Sexual assault leads to mental health disorders such as depression and post-traumatic stress disorder, sleep disorders, substance abuse and behavioral problems that could lead to death.
• Suicidal behavior - Women who have experienced sexual assault are more likely than other women to attempt or to commit suicide.

State laws usually apply the harshest punishment to individuals convicted of violent crimes. These offenses cannot be wiped from your record, which means that it can prevent even misdemeanors from being wiped.

Sexual offenses resulting in death can include charges of:

Manslaughter

When you cause the death of another person without premeditation (plotting, deliberating or planning), it can be defined as manslaughter. There are two types of manslaughter, namely:

• Voluntary manslaughter, also known as a "heat of the moment killing" or "killing of passion".
• Involuntary manslaughter is when your actions or reckless conduct lead to an accident that causes another person's death.

These two labels can be applied in different situations to charge a person with sexual offenses resulting in death.

Homicide

While the terms are used interchangeably, homicide and murder actually have two very different legal meanings. Homicide is when a person causes the death of someone else, while murder is purposeful killing of someone else.

Negligent Homicide

Criminal negligence charges in the event of sexual offenses resulting in death can be as simple as failing to help someone who calls for help or causing someone's death by not disclosing issues regarding your sexual health.

Many states define assaults in degrees, which allows prosecutors to append allegations of sexual motivation to all criminal cases. Aggravated sexual assault often leads to serious bodily harm, and therefore often overlap with other crimes, specifically in domestic violence cases. Some of the charges that may result from inflicting injuries on a spouse, partner, or child may include:

• child molestation or sexual abuse
• sexual misconduct with a minor
• spousal or child rape
• indecent liberties or incest
• custodial sexual misconduct
• assault with intent to commit rape

Another element of sexual assault resulting in death is second-degree assault, for instance, when someone intentionally inflicts substantial bodily harm to an unborn baby by causing physical injury to the mother. Other significant factors in domestic violence cases, include strangulation and cases where the intimate partner intentionally causes:

• injury
• loss of consciousness
• or death.

By law, second degree assault on a child can only be pursued if the perpetrator is eighteen years or older, and the child is younger than thirteen. Bodily harm must be greater than minor temporary marks and transient pain, and it requires that a pattern or practice of causing physical pain or assault that is equivalent to torture to be established.

In most cases, charges are brought by domestic partners, individuals in intimate relationships and married couples. Human relationships can be complex and result in domestic violence, causing one person to injure the other. Authorities rarely listen to both sides of the story, opting instead to press charges that separate families. Sometimes, the innocent partner may act in self-defence, and charges can cause them to be forbidden from seeing their children or approaching their homes. If the accuser recants at a later date, and requests that charges be dropped, the prosecution may proceed and obtain a conviction.

However, in some cases, former spouses or partners use domestic violence charges as a means to exact revenge or to manipulate child custody battles or divorce settlements. Emotions can run high when it involves a shared history, shared finances, and children, and a simple argument can quickly escalate into sexual assault resulting in death.

In the past, promiscuity was a common defense in sexual assault cases. Defendants would expose the victim's entire sexual history as evidence of her promiscuity. However, modern rape shield laws protect victims from the embarrassment of having their sexual history publicly exposed.

In the absence of admissible evidence of promiscuity, defendants often settle for a consent defense. That means that defendants agree to the sexual act and engage in it voluntarily. However, many states deem children legally unfit to consent to sexual relations.

In some cases, defendants can use actual innocence as a defense, if DNA is present. As such, law enforcement urge victims to undergo rape kits after sexual assault. DNA evidence can be preserve through medical means, which makes it physically available for testing purposes.

Being accused of sexual assault resulting in death is a serious allegation which can result in severe penalties. Most sexual offenses are tried in federal court, and guilty verdicts often result in life imprisonment or in the death penalty, depending on the state in which the crime was committed. Even if a lesser sentence is administered, the punishment does not end once your sentence is carried out.

Most often, authorities will add the defendant to the sexual offenders register at sentencing. Once you are released from prison, you will remain on the register, and you will be responsible for updating it on a regular basis. Being charged with sexual assault resulting in death can have devastating effects on your family life, social life and it can make it very difficult to find a job, in a world where it is easier than ever to do background checks.

You will have to sign up on the sexual offenders register in the jurisdiction where you reside, where you work, and where you attend school (as applicable).

If you are being investigated by federal agents, accused, or charged with aggravated assault or sexual assault resulting in death or similar sex crimes, it is important to get hold of an experienced criminal defense lawyer immediately. It is ideal to enlist legal representation before sexual assault resulting in death charges are filed.

With many years of criminal defense experience, Sexual Crimes Attorney can help defend your constitutional rights and protect your quality of life. It takes many years to overcome the punishments of such allegations and resulting convictions. Our attorneys understand the delicacy of intimate relationships, and they are committed to defending your rights with respect and dignity.

A seasoned sexual crimes defense attorney has the experience to help you navigate the case and help you obtain the most favorable outcome possible. The right legal counsel can make the difference between a life imprisonment and possibly saving your family. Speak to our expert team at Sex Crimes Attorney today about your case, even if charges have not yet been filed. We will conduct a preliminary case assessment to ensure that when you are arrested, you make no mistakes that could cost you dearly at sentencing. We will also work hard to try have the charges against you dismissed instead of putting you through a drawn-out trial.