Guidance from a Sexual Assault Lawyer Penn State, PA Offers
The terms “sexual harassment” and “sexual assault” are in the news from time to time. However, it’s important to understand the legal definitions and the possible defenses for sexual assault. If you were charged with this crime, contact a sexual assault lawyer in Penn State, PA from De Boef Lucchesi and Assoc., P.C. without delay. One of our attorneys can provide you with a complimentary case review.
What is sexual harassment?
The dictionary defines sexual harassment as the unwelcome or uninvited physical or verbal behavior of a sexual nature, most notably from someone in authority toward a subordinate. The U.S. Equal Employment Opportunity Commission further says that harassment need not be sexual in nature, stating it is illegal to harass women with offensive remarks. Teasing, isolated incidents, or offhand comments are not illegal. It becomes harassment when the frequency increases so much that the workplace develops into a hostile environment or the targeted employee is fired or demoted. Learn what rights you have as someone accused of harassment with the help of a sexual assault lawyer in Penn State, PA from De Boef Lucchesi and Assoc., P.C.
What is sexual assault?
The dictionary defines sexual assault as that which involves physical and sexual force upon a person without the victim’s ability to give consent (whether it is because of their age, or mental or physical incapacity). The assailant is usually someone the victim trusts or has an authoritarian role. The Justice Department goes further and says that sexual assault includes any sexual contact that happens without the recipient’s explicit consent. When you work with a sexual assault lawyer in Penn State, PA from De Boef Lucchesi and Assoc., P.C., you can feel confident that your rights will be protected.
What legal defenses are used to fight a sexual assault charge?
First, did the defendant actually commit the crime of sexual assault? If they say they were not in that location at the time of the assault, they need to provide evidence as such.
The defendant may state that the victim has confused them with the real perpetrator. Again, the defendant must be able to prove this claim by providing evidence that supports their statement. If available, DNA evidence may be a determining factor that helps establish whether or not the defendant was the perpetrator. A sexual assault lawyer in Penn State, PA from De Boef Lucchesi and Assoc., P.C. will use every available resource to determine the facts of the case and develop a legal strategy accordingly.
The sexual behavior has to occur against the will of the victim. The defendant may say the behavior did occur, but was with the consent of the victim. Consent is difficult to prove and can become controversial for the defendant and victim. An experienced sexual assault lawyer in Penn State, PA from De Boef Lucchesi and Assoc., P.C. can provide you the guidance you need.
Mentally Incapacitated or Insanity Defense
If the defendant can prove they have a mental disease that prevented them from understanding that their actions were criminal in nature, they may or may not be able to expect leniency in the courts. Your sexual assault lawyer can review the circumstances of your case to provide you with a clearer understanding.
A sexual assault accusation, much less a conviction, can drastically change your life. Without delay, contact a sexual assault lawyer Penn State, PA respects from De Boef Lucchesi and Assoc., P.C. and request a free consultation.