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Although not as violent as first degree sex abuse, charges of second degree sex abuse in Washington, DC are taken very seriously and often carry severe consequences including jail time. It is for this reason that if you are charged, or even accused of second degree sex abuse that you take your charge seriously and consult with a DC sex abuse lawyer as soon as possible to begin building a defense.
A criminal lawyer in DC can look at the facts and circumstances surrounding the prosecution’s case and help develop the strongest defense possible based on the evidence against you. Schedule a consultation to learn more about what a DC sex abuse lawyer can do for you.
Second degree sexual abuse involves one person performing a sexual act with another person, but rather than actually forcing them to do so by using physical force or rendering them unconscious, second degree sexual abuse is when you threatened or put the other person in reasonable fear that they will be subjected to death, bodily injury, or kidnapping.
Second degree sexual abuse can also occur when the person knows or has reason to know that the other person is incapable of appraising the nature of the conduct, incapable of declining participation in the sexual act, or incapable of communicating unwillingness to engage in that sexual act. What that means is engaging in a sexual act with someone who is incapable of consenting. This is an extremely common scenario where one person is either intoxicated or otherwise impaired by drugs or alcohol and the individual takes advantage of the other person’s mental or physical state and their inability to consent. This is the most common felony sexual abuse scenario that sex abuse lawyers in DC typically see.
This is the most serious felony sexual abuse that can be charged when a person is not using force, but rather taking advantage of another person who can’t consent due to impairment. The government will always seek to bring these charges if it’s a situation where one person simply was unable to give consent. If the government can’t prove that the suspect literally forced or threatened the other person, then it’s more of a situation where they were impaired.
The government will try to charge these cases even where there was no lack of consent mentioned or being alleged by the other party. The argument would be that this person simply was not in a position to voluntarily consent. You’ll see the government oftentimes go after a second degree charge in a case where one person is more intoxicated than the other.
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