Lafayette Sexual Assault Lawyer
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Sexual Assault Attorney in Lafayette, LA
There are serious penalties for people convicted of sexual assault in Louisiana. It can also come with added stress and fear. A Lafayette sexual assault lawyer can let you know what to expect. Their help starts from the arrest and can continue through the courtroom experience.
Tailored Legal Help
Stockstill Defense Firm is based in Lafayette, Louisiana. We help people across South Louisiana with hard charges. Our goal is to stay available from start to finish. Our defenses stand up in court. Many of our satisfied clients appreciate our guidance on their situation.
What Is Sexual Assault?
In Louisiana, sexual assault is any sexual act done without consent. There are different charges for different kinds of actions, including rape and battery. A person can be charged even if there is no use of force. What matters most is whether the act was wanted.
Consent has to be voluntary. A person who is not conscious or underage cannot legally consent. The law assumes they don’t have the capacity to choose. Sexual assault can also happen within a relationship, even after marriage. Consent isn’t automatic just because people know each other.
Sexual assault affects people across the state. 2 in 5 adults (41%) in Louisiana have experienced sexual assault at some point in their lives. The law takes these accusations seriously.
Defense Strategies for Sexual Assault
Every case has different details that could help build a defense. Some defenses come up more than others, including:
Consent
The defense may argue that the act was agreed to. A lawyer can use texts or recordings to show that both people agreed. In these cases, the legality of the sexual activity is questioned.
False allegations.
It’s possible to make up charges. This could happen during contentious points of a relationship. Some people make them during custody disputes to argue for sole custody. The defense looks at the motive to find proof that the accusation doesn’t hold up.
Mistaken identity
Victims can misidentify someone. Many of these situations happen in the dark. Things like DNA evidence can challenge this claim. In other cases, the accused has an alibi that makes the allegations unlikely.
Lack of evidence
The burden to prove sexual assault charges is on the state. If they don’t have enough evidence, the defense might push to dismiss the case. Many charges don’t go to trial if the proof falls apart.
Police errors
Everyone accused of a crime has certain rights. Police officers sometimes violate them by not reading out their rights. Procedural mistakes can get evidence thrown out. A judge may block it before trial.
Figuring out the right defense is one part of the case. Strengthening the defense with evidence is also important. This can be done with a Lafayette criminal defense attorney.
The Legal Process
The legal process for a sexual assault charge starts with an arrest. After booking, the person stays in jail. If bail is allowed, it can be posted. Some sexual assault charges don’t allow bail. The next step is arraignment. This is where the judge tells the person the charge. They ask the person for a plea. If the person pleads not guilty, the case moves to preparation for a trial. Their defense lawyer can ask the court to review the state’s evidence.
1 in 10 adults (10%) of Louisiana adults say they have faced sexual violence in the past year. These numbers lead the court to act quickly on sexual assault cases. That’s why it’s so important for those accused to work with an attorney. A conviction can lead to registration as a sex offender. That label affects almost every part of life. Some people have to stay on the registry for decades.
If you are accused of sexual assault, stay quiet. Don’t speak to the police. Avoid posting online. Ask for an attorney as soon as possible. Police can use what you say to build a case against you.
Why Do I Need an Attorney?
A defense lawyer’s job is to protect the accused. The lawyer can review the police file to build the case. They can also watch for mistakes from the other side. Early action can shape what happens later.
The lawyer can talk to witnesses to prepare them for the trial. In some cases, they push to lower the charge. In others, they fight it at trial. They also help the person understand what’s happening. Most people have never faced something that serious.
Frequently Asked Questions (FAQs)
What Are the Main Defenses to a Sexual Assault Accusation?
The main defenses to a sexual assault accusation depend on what happened. A common defense is consent. If both parties agree, doubt can be cast on the claim. Another defense is mistaken identity. In some cases, the accuser misidentifies the accused. There might not be clear proof of who was involved.
What Counts as Sexual Assault in Louisiana?
What counts as sexual assault in Louisiana includes any form of sexual contact without consent. Only conscious adults can give consent. Any unwanted sexual touching can lead to charges. This includes acts that don’t involve force. People aged 18-24 are most at risk. 33% of women and 14% of men have experienced sexual violence between these ages.
Can a Sexual Assault Charge Be Dropped Before Trial?
A sexual assault charge can be dropped before trial. But it’s rare. Prosecutors have to agree to dismiss the charge. They may do this if the evidence is weak. Sometimes, charges get reduced instead of dropped. This might happen during plea talks. It depends on how strong the state’s case is.
What Penalties Can Someone Face After a Sexual Assault Conviction?
The penalties someone can face after a sexual assault conviction are harsh. A convicted person might face years in prison. Some charges carry mandatory minimums. That means the judge has to give a certain amount of prison time. It’s common to be put on the sex offender registry. This limits where a person can work.
An Attorney With Real Trial Experience
Just because you’re accused doesn’t mean you’re guilty. Legal help is available for people in a tough spot. Getting the right defense can help the outcome of your case. At Stockstill Defense Firm, we understand these types of cases. Schedule a consultation to act now.
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Your First Step Toward Building a Strong Defense.