Different Kinds Of On-Campus Sexual Assault Charges And Ways To Deal With It

With that said, the official statistical date clearly indicates a significant rise in the sexual assault charges on-campus. Well, these charges are very hard to prove and, to be entirely honest, even more difficult to prosecute. After all, colleges are rarely equipped to handle the matter.

During the party a lot of boys and girls really enjoy drinking alcohol. Drunken sex is also nothing new, but on the morning after there are tons of regrets and some people tend to believe that they were simply used due to their drunken condition. Still, proving it may turn out to be very challenging. First of all, the prosecution will need to determine whether or not there was mutual consent, were their any witnesses and just how reliable these witnesses are and, most importantly, who will need to lead the investigation on-campus.

Sexual violence as well as sexual harassment represent forms of sex discrimination. These are covered by the Title IX. The law is specifically designed to protect students from sexual harassment as well as sexual violence on campus. According to this law, in case the educational institution is made aware of a case of sexual harassment or violence, it will need to investigate any and all allegations and conduct all the necessary work in order to handle the matter on-campus so as to protect its students.

In addition, do not forget that the rape charges in California are divided into three main categories and very much are based on the age of the assaulted victim and whether or not the victim and the offender were blood related. Hence, the three main rape charges include the following:

• Date rape. This is when the offender rapes an acquaintance or a friend without his or her consent.
• Spousal rape. This is when a spouse sexually penetrates his other half without any consent.
• Statutory rape. This is when the offender has consensual sex with a person, who is under 18 years of age. However, in the state of California there is a defense rule – if the offender and the victim only have a 3 years difference or less in age, the crime will be considered as a misdemeanor instead of felony. An investigation will need to be conducted though in order to establish all the details.

In some cases, violent rape crimes are punishable with up to 8 years in prison. It also falls under the three strikes law of California. In addition, you will need to register as a sex offender and this may have an absolutely detrimental impact on your day to day living. One way or the other, it is apparent that you will need to work with a professional and experience defense attorney in order to handle the legal situation.

Regardless of the college or school’s authorities’ actions, it is pretty much impossible to fully prevent cases of sexual harassment and violence from happening. Still, at times, the supposed offender is actually a victim of the false allegations. In truth, it is very difficult, nearly impossible to establish whether or not the report was actually a false one. According to some statistics, up to 10 percent of all on-campus rape allegations are false, but it does not necessarily mean that all of them are lying. On the contrary, some victims are actually pressured into withdrawing their statements, others are bribed and some still find a way to tell about the rape later one.

False allegations at times are considered to be somewhat of a gray are. After all, at times, the victims are simply confused, have no clear memory due to alcohol intoxication or are simply crying for attention. Nevertheless, even though the punishment for rape is very serious, the punishment for false accusations is also something that is very serious.

In case you or your loved one were falsely accused, it is very important, crucial even, to take those accusations very seriously. After all, they may have an absolutely detrimental impact on your life – they may end your career, have you paying enormous fined and even ending up in prison. Regardless of how ridiculous those accusations may be, it is important to take action against them.

First of all, you will need to hire a professional, experience as well as genuinely qualified attorney, who had to deal with cases like this before. Do not forget that you will need to stay as far away from the accuser as possible. Make sure that any communication is only in text form and do not contact the person via social networks. It is important to have a third party present at any meetings and remember – everything you say may be used against you in court. Control your emotions and find reliable witnesses who will help you prove your point in court. A good lawyer will be able to guide you through the whole process effectively in order to deliver the best results possible, which is exactly what you need in cases like this.

If you or someone you know were arrested and charged with a Sex Crime, Criminal Defense Experts will help. We recommend to contact a Los Angeles Sex Crime Attorney immediately to evaluate your case.