In some instances, the lack of intent is a valid defense. This defense can be used to avert criminal prosecution for sexual assault.
The absence of intent can also be a defense if the assault is a repeat offense. But there are several other factors that must be considered. To understand what you can expect, read on.
Incapacitation
Incapacitation in second degree sexual assault is a crime. Incapacitation occurs when the victim is unable to give verbal or physical consent for sexual acts to take place. This includes the use of controlled substances and acts without consent. Incapacitation also occurs when the victim is unconscious and unable to verbally or physically communicate their unwillingness.
Minimum sentence
The minimum sentence for second degree sexual assault is nine months in prison. Sexual assault is a Class C felony. Depending on the circumstances of the crime, the judge may impose a more severe sentence. In some cases, however, the defendant may be given a lesser sentence, such as probation for six years.
In the state of Michigan, the maximum penalty for second degree sexual assault is 15 years in state prison. The defendant may also be sentenced to lifetime electronic monitoring for the duration of his or her life. This is applicable to both victims over the age of 17 and those under the age of thirteen. While second degree sexual assault may seem harsh, it can actually be a lesser crime.
The punishment for rape varies depending on the aggravating factors. Maryland law defines rape as an assault when the perpetrator used a dangerous object or weapon to gain a sexual advantage over a victim. It also requires the defendant to have been four or more years older than the victim when the attack occurred. Lastly, the defendant must have had knowledge of the victim’s physical or mental incapacitation and was armed with physical force to commit the crime.