do i need a lawyer when questioned about a sexual assault.

You need a lawyer experienced in handling sexual assault cases to negotiate with the prosecutor and probably reduce or terminate the charges. And also a lawyer that you can easily contact with, which a way is to search online as sexual assault or sexual harassment lawyers near me.

Full Answer

What should I do if I’m accused of sexual assault?

If sex is involved, you’ll want testing that will help disprove allegations against you, if possible. There are normally tests that relate specifically to the accusation in question, if the accusation comes in time. Be proactive.

Should I file a civil lawsuit for sexual assault?

Civil suits may take years to resolve, and there is no guarantee you will win. However, some survivors may prefer civil suits over a criminal trial. The Washington Coalition of Sexual Assault Programs has compiled a survivor’s guide to filing a civil lawsuit, which provides more information on civil lawsuits and their pros and cons.

Do I need a lawyer to speak to the police?

Review your rights with your attorney before speaking with anyone involving the case. This includes investigators, possible witnesses, anyone. One thing you should not do, under any circumstances, is agree to speak to the police without having your lawyer present.

Can a lawyer ensure you don’t go to jail?

Second, if the lawyers are not too smart to counter the evidence, either way, it is the job of your lawyer to ensure you don’t end up in jail. But worry not, you are innocent until proven guilty.

Why are sexual assault cases so hard?

Patriarchal norms, a lack of access to psycho-social support after reporting the incident, the difficulties of obtaining evidence, a narrow definition of rape, limited possibilities for intervention in the investigation and trial, re-traumatisation in the courtroom and juror bias are all symptomatic of a justice system ...

Are sexual assault cases criminal?

Criminal Sexual Assault Cases A criminal sexual assault case is handled as a crime against the state and brought to court by the state rather than by the accuser. Therefore, the accuser doesn't have a say in the direction of the case, but only appears as a witness for the prosecution.

Is sexual assault a legal issue?

Penalties for Sexual Assault Crimes Sexual assault laws regarding rape and criminal sexual penetration usually define this conduct as a felony with serious penalties. Sexual contact crimes may be felonies or misdemeanors.

What happens when you charge someone with assault?

Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.

What happens when you report an assault to the police?

When a crime such as physical assault is reported to police, they will: deal with any immediate danger of someone being hurt or further injured. call medical or other services to treat any injuries victims may have. secure the location (if that is appropriate) to make sure it is safe and to collect evidence.

What is first degree sexual assault?

A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.

How long is jail time for assault?

Simple assault typically carries misdemeanor penalties punishable by up to a year in jail. Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines.

What is the number to call for sexual assault?

If you do not feel comfortable talking to friends or family, you can call the National Sexual Assault Hotline at 1-800-656-HOPE for anonymous support, operated by RAINN . Some survivors choose to move forward with reporting as a means of closure, to help begin the process of healing.

What is consent in rape?

What is “consent” in the context of sexual assault or rape? Consent is when someone agrees, gives permission, or says “yes” to sexual contact. To be given, each person must feel free to say “yes,” “no,” or “stop” at any point. Consent can be taken back – you can say yes at first, and then change your mind. You can say yes one day, and then say no ...

How long does a civil case have to be filed in Georgia?

In Georgia, the civil statute of limitations for assault and battery claims (such as sexual assault claims) is generally two years.

What does it mean when a jury has reasonable doubt?

In criminal court, that means if the defense gives evidence that makes the jury have any reasonable doubt, they have to rule for the defendant. In civil court, there can be some doubt, so long as all of the evidence together makes it more likely than not that the rape or sexual assault occurred.

How long can a 21 year old be in jail?

If they are 21 or older, then they may be imprisoned for between 10 and 20 years. Statutory rape can result in either criminal charges or civil claims or both. There are other criminal charges relating to sexual misconduct that do not involve “force” or “carnal knowledge.”. Those are:

Is a prosecutor a lawyer?

This is important: if you have been the victim of a rape or sexual assault, the lawyer in charge of the criminal case against your attacker (the “prosecutor” or “solicitor”) is not your lawyer. Prosecutors work for the government, not for you, even though they are doing a job that may help you.

Is rape a civil case?

In civil court, “Sexual Assault” is a broader term used in civil cases for all nonconsensual sexual touching. So “rape” is a sexual assault, but not all sexual assaults meet the legal definition of “rape.”. Sexual assault claims in civil court are often referred to as “assault” and “battery” claims.

What can an employment lawyer do to challenge sexual harassment?

These include filing a charge of discrimination against your employer with your state's antidiscrimination agency or with the federal Equal Employment Opportunity Commission (EEOC). And, the lawyer can talk to you about the advantages and disadvantages of doing so, as well as the pros and cons of filing a laws uit against your employer if you are dissatisfied with its response to your complaint of sexual harassment.

What can a lawyer do to help you with harassment?

A lawyer can also work with you to outline your description of the harassing conduct. That way, if you get nervous when you speak with HR or a manager about the conduct (which is only natural), you'll have the confidence to provide all of the relevant information clearly and calmly.

What is sexual harassment?

Sexual harassment is any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. Not every offensive comment will qualify as sexual harassment as the law defines it.

How to protect yourself from harassment?

Helping You Protect Yourself. In addition to helping you prepare to report harassment, an employment lawyer will advise you as to other steps to take to protect yourself. These steps may include: Documenting the harassment and all discussions about it with your employer.

What to do if you think you are being sexually harassed?

If you're confronted with conduct that you think might be sexual harassment, it's a good idea to speak to a lawyer as soon as possible in order to figure out whether the conduct fits the legal definition or harassment.

Can employers retaliate against sexual harassment?

Employers are prohibited by law from retaliating against employees who report sexual harassment. Retaliation can take many forms and is not limited to disciplinary write-ups or termination (although those actions certainly may be retaliation). For example, if your managers remove you from desirable projects or exclude you from meetings, events, or even social outings after you report harassment, a lawyer can analyze these actions to see if they are retaliatory.

Can an employer take steps during an investigation?

And, your employer cannot take steps during the investigation that negatively affect your employment. An experienced employment lawyer can check in with you during the investigation to make sure that the employer is proceeding as required by law.

Do Not Talk to the Police

Do Not Talk to the Police An investigation of this crime usually assumes you are guilty and will use everything you say to try to incriminate you. The police likely will not write down everything you say, just the bad stuff. They may twist your words. They are trained to do this and you are not.

Beware of the Pre-Text Phone Call

Beware of the Pre-Text Phone Call A common investigative tool is to have the alleged victim call you. This call will be recorded by the police. The police will coach the AV to ask you questions that will eliminate defenses or things they need to prove. You may feel that if you say certain things, the AV will drop the whole thing.

Do not Consent to a Search or Request

Do not Consent to a Search or Request The police may contact you. They will be nice and ask questions. They may suggest they do not believe the allegations. They may outright lie to you. These are all ploys to get your cooperation. If they ask a question, they are seeking your consent.

Get an Attorney

Get an Attorney The best thing to do is get a qualified attorney. This is an experienced criminal attorney that has handled sexual assault trials. In this situation, often the more expensive, the better the attorney. Anyone that suggests a case can be handled for less than $20,000 is probably worthless. I suggest $50,000 to 100,000.

What can an employment lawyer do for a sexual harassment victim?

An experienced employment lawyer can assist the sexual harassment victim in persuading the employer to conduct a thorough, good faith investigation of the alleged harassment. This is what the law requires, and a lawyer can hold the employer to that obligation. The alleged harasser also wants the employer to investigate the harassment claims ...

What can an employment lawyer do to an employee who reports harassment?

Preventing and/or addressing retaliation. Some employers go so far as to discipline or otherwise retaliate against an employee who reports harassment. An employment lawyer can step in if the employer takes such actions against an employee reporting harassment.

What do the alleged victim and the alleged harasser need to know?

Both the alleged victim and the alleged harasser need to know that the determination made by the employer after the investigation is fair and objective. Each of these employees needs their own lawyer to analyze the report of the investigation to make sure that:

What happens if an employer calls an employee a harasser?

An employer who calls an employee a harasser after he or she has been cleared by an investigation may be defaming that employee. An experienced employment lawyer can advise the employee of the actions he or she can take in response to possible defamation by the employer.

What happens after an investigation?

After an investigation, regardless of the findings, the employer must take appropriate action. If the investigator found that harassment occurred, the employer must take effective action to address what happened (such as disciplining the harasser or assigning the victim to a different manager) and to prevent it from happening again.

What happens if an employer finds that an employee made a false report of harassment?

If the employer finds that the reporting employee made an intentionally false report of harassment, the employer may discipline the employee. An experienced employment attorney can monitor the employer's actions after the investigation is concluded to make sure the reporting employee is treated fairly.

Can an employee feel alone in a harassment process?

And, the employee may not know his or her rights or have the confidence to assert them.

What do victims of sexual assault want?

In addition to finding a sense of justice, victims of sexual assault may also want information about caring for their own emotional well-being and working towards recovering from the trauma they have experienced. Any of the below options can be pursued independently or possibly at the same time.

How does the criminal process start?

The criminal process usually begins with a victim reporting the incident to police and the prosecutor will determine whether or not there is enough evidence to start a criminal case. Each state defines crimes of sexual violence, including rape and sexual assault, differently and has different statutes of limitation.

Can a sexual assault victim file a civil suit?

Some survivors of sexual violence may choose to file a civil lawsuit for money damages against perpetrator (s) of sexual violence. Unlike a criminal investigation, a civil suit is a private legal action that you initiate. Civil actions generally require a lower standard of proof (preponderance of the evidence) than criminal cases ...

What happens if you are falsely accused of sexual assault?

But, when you’re falsely accused of sexual assault, you’re facing a high probability of criminal charges. And, if you’ve already been charged, you’re facing an even higher probability of conviction, ...

What to do if sex is involved in a sex crime?

If sex is involved, you’ll want testing that will help disprove allegations against you, if possible. There are normally tests that relate specifically to the accusation in question, if the accusation comes in time. Be proactive. Show that you aren’t who the person says you are. Witness List.

Is false sexual assault a serious crime?

False Sexual Assault Allegations are Serious. Even if you didn’t do anything wrong, much less illegal, you have to start realizing the amount of trouble you could be in. Severe consequences for underestimating the legal ramifications exist. This is especially true when you’ve been falsely accused of sexual assault.

Why do lawyers take the accusations lightly?

This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence.

What does a good attorney look for in a case?

A good attorney will look at every angle and collect all the evidence without living any behind. These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator.

How do plea deals reduce sentences?

Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances. You might end up taking a plea deal, and yet you would have won the case.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

Do lawyers know which stones to turn?

They tend to know which stones to turn and which ones not to. They will also know if you are too incriminated for them to take a deal. Any move your lawyer takes will be critical to the case. Those are just some of the benefits of a good lawyer when being falsely accused. There are quite many more.

Is false accusation a crime?

Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.