Sex Crime Defense

Sex Crimes Defense

Is there any crime that impacts a person’s life more than a sex crime? It can take away your freedom, your marriage, your kids, your business, your home, and your friends.  It has both a legal and a moral component unlike any other type of crime.  Sexual assault and/or sex crimes are serious. No one is trying to downplay that fact. Sex crimes are maybe the most serious charges we have in Connecticut. However, false allegations are reported for a variety of reasons. And as damaging as a real sex assault crime is to the victim, a false report is equally damaging to the individual who is wrongfully charged. The mere accusation and public attention that results is a bell that cannot be un-rung. The accusation is all that is remembered. People will always believe, regardless of the resulting outcome, that something must have happened and that the accused must have done something. One false allegation is a permanent stain on a life of good works and achievement.

If a complaint is made against you do not talk to the police without first speaking to an experienced Connecticut sex crimes attorney. Do not think you can explain it away and everything will be fine. The police are not looking for your side of the story.  The police are looking to find evidence against you. In Connecticut the mere allegation of a sex crime without any additional evidence is enough to make an arrest and put you on trial. They are looking to corroborate the complaint in any way they can by getting you to incriminate yourself by substantiating even innocent sounding facts. No matter how unfounded you believe the complaint, or how stunned you may feel, do not try and handle it yourself. The consequences can be life altering. An experienced Connecticut sex crimes lawyer can evaluate the situation and develop a strategy to best present your facts to the police to refute the allegations or recommend remaining silent.

An allegation of a sex crime can be refuted to the investigating police department and perhaps prevent an arrest from occurring. A significant number of these cases are not pursued by the police or the prosecution because they cannot secure the evidence to prove the case. This is why the detectives who investigate these cases, who are specially trained in interviewing suspects, push so hard to get an interview with the person being accused. A confession to a crime, or substantiating some part of the allegations are vital tools to the police. They will use every trick they have in order to get that person to incriminate themselves or corroborate certain facts about what happened to support the complaining persons allegation.

The police will lie in many different ways including, saying they know things that aren’t true, have witnesses that they don’t have, and have physical or forensic evidence which doesn’t exist. If that doesn’t work they will then try to become your friend and tell you how this is your one chance to get out your side of the story and that they would hate to see you get arrested for something that you didn’t do but that they really need to hear about what happened. They know that most people have been raised being told that the police are on their side and that they should cooperate with them. They aren’t on your side when you are a suspect in a crime and you should not cooperate before speaking to an experienced Connecticut sex crimes attorney.

A Sexual Assault, Risk of Injury to a Minor, Child Pornography or Prostitution charge will have a massive impact on your life. Loss of job, loss of family, loss of standing in community, loss of friends, long prison sentences, long probationary periods, sex offender treatment, sex offender registration and even limiting where you are allowed to live.

An experienced Connecticut sex crimes attorney can impact the outcome of the police investigation, attack, refute and/or suppress evidence that is illegally obtained by the police which could result in a dismissal of the charges, or even in a case where the evidence is strong best negotiate a plea bargain agreement that may prevent some of the impacts on your life mentioned above.

Contact Kevin M. Black, at Bayer & Black, P.C., to go through our legal teams free, proprietary 5 step case evaluation and strategy session. Police investigations don’t always happen between 9 AM and 5 PM Monday through Friday. The minute you are contacted by the police exercise your right to remain silent and call us immediately. A member of our team will call you back if the call is not answered.

Connecticut Sex Crimes

Sexual Assault in the First, Second, Third and Fourth Degrees

  • Sexual Assault in the First Degree - 53a-70  
  • Aggravated Sexual Assault in the First Degree – 53a-71a
  • Aggravated Sexual Assault of a Minor – 53a-70c
  • Sexual Assault in the Second Degree – 53a-71         
  • Sexual Assault in the Third Degree – 53a-72a
  • Sexual Assault in the Third Degree with a Firearm - 53a-72b
  • Sexual Assault in the Fourth Degree – 53a-73a

Human Trafficking and Prostitution

Sex Crimes Involving Minors and Child Pornography

  • Risk of Injury to a Minor – 53-21
  • Commercial Sexual Abuse of a Minor – 53a-83b
  • Enticing a Minor – 53a-90a
  • Misrepresentation of Age to Entice a Minor – 53a-90b
  • Obscenity as to Minors – 53a-196
  • Employing Minor in an Obscene Performance – 53a-196a
  • Promoting a Minor in an Obscene Performance – 53a-196b
  • Importing Child Pornography – 53a-196c
  • Possessing Child Pornography in the First Degree – 53a-196d
  • Possessing Child Pornography in the Second Degree – 53a-196e
  • Possessing Child Pornography in the Third Degree – 53a-196f
  • Possessing or Transmitting Child Pornography by a Minor – 53a-196h
  • Commercial Sexual Exploitation of a Minor – 53a-196i

Miscellaneous Sex Crimes

  • Voyeurism – 53-189a
  • Disseminating Voyeuristic Material – 53a-189b
  • Unlawful Dissemination of an Intimate Image – 53a-189c
  • Public Indecency - 53-186

            Penalties for Sex Crimes

Penalties for sexual crimes in Connecticut range from long periods of incarceration followed by probation up to no incarceration and probation. Penalties will be determined by the facts of your particular case including the following:

The allegations themselves. Do they shock the conscience of the community? Are they more of a Romeo and Juliet type scenario? Do they involve a person taking advantage of the person they have authority over or using force upon a weaker person? Do they involve a child? Was intoxication, either alcohol or drugs, a factor? What is the relationship, if any, between the suspect and the complaining party or parties.

Victims position. What is the position of the complaining party if charges have been brought and probable cause has been found? Is it a situation they want to put behind them and not have to deal with going forward? Are they willing witnesses who want the full punishment of the legal process to be brought to bear? Prosecutors and judges are not supposed to let the victims dictate the outcome but the reality is they often do. Connecticut has veered away from our original position on criminal justice which removed the alleged victim from the actual criminal process. We have now constitutionally mandated a variety of rights retained by the alleged victim and those rights seem to have been even further expanded by their interpretation by prosecutors and judges who now allow alleged victims to insert themselves at every level of the prosecution and sentencing process. The right to be heard and kept informed of court dates and results has been expanded to include their position sometimes dictating the results in negotiations and punishment.

Defenses. In addition to standard defenses that those accused of crimes have always had available to them, many of the sex crimes in Connecticut also provide a variety of affirmative defenses for the specific charge being investigated or prosecuted. If the state prosecutor will have a difficult time proving any element of an offense that is charged it could have a significant impact on the ultimate penalty offered. The same conclusion is reached if there is a strong case for an affirmative defense that applies to the charges being prosecuted.

            Sex Offender Registration in Connecticut

Commonly referred to as Megan’s law based on the federal law passed in honor of Megan Kana a young girl killed by a sex offender. Connecticut's sex offender registry law was first passed in 1998.  The purpose of Connecticut's sex offender registry law is to give the general public access to information about registered sex offenders living in their community. Being required to register with and placed on the sex offender registry is one of the most debilitating penalties that a person can receive as a result of being accused and convicted of a sex crime in Connecticut. Failing to keep your name and address up to date on the registry is a separate and distinct crime. It also requires registered sex offenders to return mail that is delivered to their registered address every 90 days in order to insure they are still living there. Failure to respond to the mailing is a separate and distinct crime. Connecticut also requires people convicted of sex crimes in other states to register for the Connecticut registry if they move here or they have committed a crime. Registration requirements range from a minimum of 10 years to a maximum of a person’s lifetime. A person can petition to have their names moved from the sex offender registry.

            Building a Strong Defense to a Connecticut Sex Crime

If you are under investigation for or are charged with a sex crime anywhere in Connecticut, especially in the Greenwich, Stamford, Norwalk, Bridgeport and Danbury area call us before speaking to anyone. At Bayer & Black, P.C. our sex crimes attorneys get involved building a defense and collecting evidence from the moment you are contacted by the police. Smart phone data, such as geo-location data, internet search and usage, video and photo images, voice messages, and cell tower data, along with DNA evidence, surveillance video from businesses and homes with cameras, and potential witnesses can all be documented, collected and preserved if early intervention occurs. Do not wait until you are charged with a crime to call.

This is who we are

Kevin M. Black, Sr. is a former trial level Assistant State’s Attorney (prosecutor) for the Connecticut Division of Criminal Justice and the current Liaison to the Judicial District of Danbury for the Connecticut Criminal Defense Lawyer’s Association, as well as a Member of the Connecticut Statewide Grievance Committee overseeing attorney misconduct. Kevin M. Black, Jr. is a former Special Deputy Assistant State’s Attorney (prosecutor) with the Appellate Unit of the Connecticut Division of Criminal Justice. Both serve as approved Assigned Counsel for the Connecticut Office of the Chief Public Defender when needed. Our team has tried many cases to verdict and take cases to trial, or pretrial contested hearings, if needed. Our clients become part of our family and when you work with us, you will see and feel the care, compassion, and dedication that we put into defending our family. Don’t settle for anything less than a firm with a proven track record of success and deep experience on both sides of the process.

Contact us right now

Bayer & Black, P.C. is a leading, full service criminal defense firm serving Fairfield County, Hartford County, Litchfield County, Middlesex County, New Haven County, New London County, Tolland County, and Windham County residents for 25+ years. Contact us today to discuss your sex crime charge in Greenwich, Stamford, Darien, New Canaan, Westport, Fairfield, Wilton, Ridgefield, Norwalk, Trumbull, Bridgeport, Milford, Weston, Danbury, Newtown, Rowayton, and receive a free consultation. In addition to Criminal Defense we also serve people threatened by DCF, defending against Restraining Orders, Divorce victims and people injured by the negligence of others or their pets (Bodily Injury).