In cases of sexual assault might prosecution be easier if the charge were aggravated assault?

Question

It is often suggested that since rape is seen by many people as an act of sex rather than violence it puts the woman in the position of being violated a second time at the trial by the defense attorney trying to make it about her sexual behavior instead of the actual crime.  If the sexual aspect were dropped could the conviction be more readily attained and the sentences increased?

Lexie · Accepted Answer

That's kind of tricky.  First, the injuries inflicted during a sexual assault (apart from the obvious sexual violation itself) are often not enough to amount to aggravated assault, which usually requires an intent to cause serious bodily injury or use of a weapon.  Even assuming the non-sexual part of the assault amounted to aggravated assault, I don't see how you would, as a practical matter, be able to keep it out of the case.

In our office, we sometimes offer pleas to aggravated assault when we want to spare the victim, and the defendants are often anxious to avoid a sexual assault conviction.  So it works in a plea context, but I don't think it would be a viable trial strategy.

? · Answer

That's a tricky one. If they are convicted of the sex crime then after they are released they will always have to register as a sex offender and submit a  DNA sample to a national registry as well as a photograph and address maintained on sponsored websites for identification of sex offenders. This is definitely a question for a lawyer and this site is great  http://arizonacriminallaw.info/html/white-collar-crime.html

I'm not sure if you are in Arizona but these guys should be able to help.

jassi · Answer

These cases are not easy to solve and any suggestion without actually knowing the two sides is difficult to answer.
Many women (not all ofcourse ) are using the pretext of assult, if the desired results from the relationship were NOT achieved for their likings.
Women should refrain from going to drinking late night parties, wearing provocative, skimply dresses is just one of the few things they could avoid being used for sex or assults. Not talk to strangers, whether or not the guy is handsome, rich or not, but if they do then they themselves are asking for trouble.  Guys take undue advantage or most of them have no good upbringing anyway.  Thanks to our Hollywood films as well, Idiots.

No More Abuse · Answer

aggravated assault..beating,..raped..would be considered aggravated assault

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In cases of sexual assault might prosecution be easier if the charge were aggravated assault?

4 Answers