New Hampshire Rape Lawyer
Under New Hampshire law, a rape offense is referred to as an aggravated felonious sexual assault, which is defined as sexual penetration without consent, under duress, or through the use of physical force, threats, incapacitation of the accuser. Lacking consent can mean mental or physical coercion, extortion. Date rape drugs and other intoxicants, false imprisonment or kidnapping, sexual assault by a medical professional, and several other circumstances also qualify as rape.
New Hampshire takes rape allegations very seriously and levies harsh penalties for anyone convicted of rape. If you or a loved one are accused of rape in New Hampshire, you will need a skilled rape defense lawyer. False rape accusations and convictions do occur, and you will need the assistance of an experienced sex crimes lawyer who can protect your reputation and your rights. A New Hampshire rape lawyer can help you prepare a defense based on the desired outcome of your case.
New Hampshire Rape Laws
When determining whether to charge a person with rape, prosecutors consider whether there was a great disparity of power, authority, disability, or age between the alleged perpetrator and their accuser. When determining whether to charge a person with rape, prosecutors also consider whether there was a great disparity of power, authority, disability, or age between the alleged perpetrator and their accuser. This encompasses many types of sexual assault, including cases of incest, so-called statutory rape and child sexual abuse, as well as marital rape and cases of domestic violence.
For this reason, New Hampshire’s rape laws are considered some of the strictest in the nation. While this accomplishes a great deal of progress in protecting rape survivors and holding rapists accountable, it also increases the chances that a person may be wrongfully accused or convicted of rape. Unfair rape allegations are very serious and an experienced New Hampshire rape lawyer familiar with the judicial system in the state should immediately begin investigating the strength and veracity of the prosecution’s evidence against the accused.
Potential Rape Penalties
Under New Hampshire law, rape is punishable by between 10 and 20 years in prison, in addition to requirements that the convicted person register as a sex offender with the state, and attend a mandated sex offender treatment program. Because New Hampshire rape penalties are so serious and can follow a person for their lifetime, it is crucial that anyone accused of rape consult with an experienced New Hampshire rape attorney right away
New Hampshire also allows enhanced penalties, up to life in prison, under certain circumstances, such as when the perpetrator gave the plaintiff a sexually transmitted disease, caused serious physical injury or disfigurement, or brought about extreme mental anguish.
Consulting an Attorney About Possible Defenses
Married people must still have their spouse’s consent for sexual intercourse. Consent, impotence, and lack of actual penetration are all defenses a New Hampshire rape lawyer can use during trial. A person accused of rape may also claim as a defense that, if threats were made, the accuser did not actually believe the threats would be carried out.
No matter the circumstances surrounding the allegations of rape against you or your loved one, it is so important that you begin working with an experienced rape defense attorney in New Hampshire as soon as possible so that they can begin investigating whether any defenses to rape are applicable.