PDA

View Full Version : legal questions about sexual assault



dascmom
09-08-2012, 08:55 AM
What would be a likely sentence for an adult male who pleads guilty to a sexual assault (not rape) of another adult male, which is accompanied by severe brutality in the state of New Hampshire? Would the sentence likely be any different if the attacker was a celebrity? Normally, how long does it take to bring a case like this to trial from the date of the crime? Is there a technical legal term for sexual assault that is very brutal? (Aggravated?)

When police arrive at the scene of the crime, do they automatically arrest the alleged attacker and take him to the police station? Do they keep him in a cell at the police station or do they take him to an actual jail? Does he have an opportunity to get out of jail if he can post bail? How soon can he get out of jail after he posts bail? Is he free to do whatever he wants to during the time he is awaiting trial?

Lots of questions! Please help!

Thanks all.

jclarkdawe
09-08-2012, 05:39 PM
The first part of my answer is research any author should do before asking this type of questions. We have several lawyers on this forum, and practice in maybe ten jurisdictions. But even in the jurisdictions we practice in, we need to actually go look at the law to figure out the answer to this sort of question.

And these laws are available on-line in every jurisdiction in the US, in Great Britain, and I believe in Canada. If you have a crime in any of those jurisdictions, it will be somewhere in the state's criminal code. For example, in this case, I think the OP is asking what happens when someone violates RSA 632-A:3 I. Think how much better I (or any of the other attorneys on this forum) can answer your question when I know exactly what you're talking about.

A simple Google research of "sexual assault new hampshire" reveals that the appropriate code number for sexual assaults in New Hampshire is 632-A. You then go to the State's web site, look up 632-A in the laws and you get the following:



TITLE LXII: CRIMINAL CODE



CHAPTER 625: PRELIMINARY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-625.htm)
CHAPTER 626: GENERAL PRINCIPLES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-626.htm)
CHAPTER 627: JUSTIFICATION (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-627.htm)
CHAPTER 628: RESPONSIBILITY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-628.htm)
CHAPTER 629: INCHOATE CRIMES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-629.htm)
CHAPTER 630: HOMICIDE (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-630.htm)
CHAPTER 631: ASSAULT AND RELATED OFFENSES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-631.htm)
CHAPTER 632: RAPE (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-632.htm)
CHAPTER 632-A: SEXUAL ASSAULT AND RELATED OFFENSES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-632-A.htm)
CHAPTER 633: INTERFERENCE WITH FREEDOM (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-633.htm)
CHAPTER 634: DESTRUCTION OF PROPERTY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-634.htm)
CHAPTER 635: UNAUTHORIZED ENTRIES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-635.htm)
CHAPTER 636: ROBBERY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-636.htm)
CHAPTER 637: THEFT (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-637.htm)
CHAPTER 638: FRAUD (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-638.htm)
CHAPTER 639: OFFENSES AGAINST THE FAMILY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-639.htm)
CHAPTER 639-A: METHAMPHETAMINE-RELATED CRIMES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-639-A.htm)
CHAPTER 640: CORRUPT PRACTICES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-640.htm)
CHAPTER 641: FALSIFICATION IN OFFICIAL MATTERS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-641.htm)
CHAPTER 642: OBSTRUCTING GOVERNMENTAL OPERATIONS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-642.htm)
CHAPTER 643: ABUSE OF OFFICE (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-643.htm)
CHAPTER 644: BREACHES OF THE PEACE AND RELATED OFFENSES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-644.htm)
CHAPTER 645: PUBLIC INDECENCY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-645.htm)
CHAPTER 646: OFFENSES AGAINST THE FLAG (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-646.htm)
CHAPTER 646-A: DESECRATION OF THE FLAG (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-646-A.htm)
CHAPTER 647: GAMBLING OFFENSES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-647.htm)
CHAPTER 648: SUBVERSIVE ACTIVITIES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-648.htm)
CHAPTER 649: SABOTAGE PREVENTION (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-649.htm)
CHAPTER 649-A: CHILD PORNOGRAPHY (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-649-A.htm)
CHAPTER 649-B: COMPUTER PORNOGRAPHY AND CHILD EXPLOITATION PREVENTION (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-649-B.htm)
CHAPTER 650: OBSCENE MATTER (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-650.htm)
CHAPTER 650-A: FELONIOUS USE OF FIREARMS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-650-A.htm)
CHAPTER 650-B: FELONIOUS USE OF BODY ARMOR (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-650-B.htm)
CHAPTER 650-C: NEGLIGENT STORAGE OF FIREARMS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-650-C.htm)
CHAPTER 651: SENTENCES (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651.htm)
CHAPTER 651-A: PAROLE OF PRISONERS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-A.htm)
CHAPTER 651-B: REGISTRATION OF CRIMINAL OFFENDERS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-B.htm)
CHAPTER 651-C: DNA TESTING OF CRIMINAL OFFENDERS (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-C.htm)
CHAPTER 651-D: POST-CONVICTION DNA TESTING (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-D.htm)
CHAPTER 651-E: INTERBRANCH CRIMINAL AND JUVENILE JUSTICE COUNCIL (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-E.htm)
CHAPTER 651-F: INFORMATION AND ANALYSIS CENTER (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LXII-651-F.htm)

Click on Chapter 632-A and you get:





CHAPTER 632-A: SEXUAL ASSAULT AND RELATED OFFENSES (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-mrg.htm)



Section 632-A:1 Definitions. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-1.htm)
Section 632-A:2 Aggravated Felonious Sexual Assault. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-2.htm)
Section 632-A:3 Felonious Sexual Assault. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-3.htm)
Section 632-A:4 Sexual Assault. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-4.htm)
Section 632-A:5 Spouse as Victim; Evidence of Husband and Wife. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-5.htm)
Section 632-A:6 Testimony and Evidence. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-6.htm)
Section 632-A:7 Limitations of Prosecutions. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-7.htm)
Section 632-A:8 In Camera Testimony. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-8.htm)
Section 632-A:9 Speedy Trial. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-9.htm)
Section 632-A:10 Prohibition From Child Care Service of Persons Convicted of Certain Offenses. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-10.htm)
Section 632-A:10-a Penalties. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-10-a.htm)
Section 632-A:10-b HIV Testing. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-10-b.htm)
Section 632-A:10-c Limitations on Civil Actions. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-10-c.htm)
Section 632-A:11-19 Repealed. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-11-19.htm)
Section 632-A:20-20 to 24 to 632-A:24 Repealed. (http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-20-20%20to%2024.htm)

Next you want to look at the definition section.





Section 632-A:1

632-A:1 Definitions. In this chapter:
I. "Actor'' means a person accused of a crime of sexual assault.
I-a. "Affinity'' means a relation which one spouse because of marriage has to blood relatives of the other spouse.
I-b. "Genital openings'' means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum.
I-c. "Pattern of sexual assault'' means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years.
II. "Retaliate'' means to undertake action against the interests of the victim, including, but not limited to:
(a) Physical or mental torment or abuse.
(b) Kidnapping, false imprisonment or extortion.
(c) Public humiliation or disgrace.
III. "Serious personal injury'' means extensive bodily injury or disfigurement, extreme mental anguish or trauma, disease or loss or impairment of a sexual or reproductive organ.
IV. "Sexual contact'' means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.
V. (a) "Sexual penetration'' means:
(1) Sexual intercourse; or
(2) Cunnilingus; or
(3) Fellatio; or
(4) Anal intercourse; or
(5) Any intrusion, however slight, of any part of the actor's body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim's body; or
(6) Any intrusion, however slight, of any part of the victim's body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body; or
(7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself.
(b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration.
(c) "Objects'' include animals as defined in RSA 644:8, II.
VI. "Therapy'' means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods.And now the three assault sections:



Section 632-A:2

632-A:2 Aggravated Felonious Sexual Assault.
I. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances:
(a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength.
(b) When the victim is physically helpless to resist.
(c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats.
(d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future.
(e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion.
(f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim.
(g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship:
(1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or
(2) Uses this position as such provider to coerce the victim to submit.
(h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective.
(i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist.
(j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and:
(1) the actor is a member of the same household as the victim; or
(2) the actor is related by blood or affinity to the victim.
(k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.
(l) When the victim is less than 13 years of age.
(m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act.
(n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense.
II. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification.
III. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault.
IV. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption.
632-A:3 Felonious Sexual Assault. A person is guilty of a class B felony if such person:
I. Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances named in RSA 632-A:2; or
II. Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more; or
III. Engages in sexual contact with a person other than his legal spouse who is under 13 years of age.
IV. (a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.

Section 632-A:4

632-A:4 Sexual Assault.
I. A person is guilty of a class A misdemeanor under any of the following circumstances:
(a) When the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2.
(b) When the actor subjects another person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more.
(c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or less.
II. A person found guilty under subparagraph I(c) of this section shall not be required to register as a sexual offender under RSA 651-B.
III. (a) A person is guilty of a misdemeanor if such person engages in sexual contact or sexual penetration with another person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.And just to clarify something that's asked here:



CHAPTER 632
RAPE

Chapter 632 Repealed Entire Chapter was repealedLet me repeat. You can get this for every state, Great Britain, and I believe Canada. The writer needs to go through this all of this, and decide exactly what crime their bad guy did.

Now let's go through the specific questions:



What would be a likely sentence for an adult male who pleads guilty to a sexual assault (not rape) of another adult male, which is accompanied by severe brutality in the state of New Hampshire? Rape is not a crime in New Hampshire. I have no idea what you mean here, but I'm guessing you mean whether there was penetration or not. If I'm guessing right, this means you want the person charged with RSA 632-A:3 I. Maximum sentence for this crime is 3.5 to 7 years in the New Hampshire State Prison.

What the actual sentence would be depends upon whether this is the first offense, how severe are the physical injuries, what are the circumstances, how good the prosecutor's case is, and where the moon is on a specific day. I've walked clients out of court with a suspended sentence and probation for violation of this statute, and I've had clients who are doing the full monte for this statute. With the information I have, I can't answer your question. What does the plot need? Then I can tell you what the story needs to make that sentence reasonable.

Would the sentence likely be any different if the attacker was a celebrity? It's more likely to be creative. People who can afford a good attorney are more likely to take advantage of some sort of creative sentence. Also, most celebrities are virgins to the system, getting a break that's available to any virgin.

Normally, how long does it take to bring a case like this to trial from the date of the crime? About four to eight months, with time getting longer as a result of budget cuts to the court system's budget.

Is there a technical legal term for sexual assault that is very brutal? (Aggravated?) Of course there is a technical term. In your case, if I'm guessing right, your character committed a felonious sexual assault, to wit, violation of RSA 632-A:3 I.

When police arrive at the scene of the crime, do they automatically arrest the alleged attacker and take him to the police station? Police arrest as soon as they ascertain that a crime has occurred and that the defendant is in fact the person who committed that crime. Watch COPS on TV and you'll see how this works.

Do they keep him in a cell at the police station or do they take him to an actual jail? They keep him in a cell at the police station while they process him and question him. When they finish with him (which can be several hours later), he will be transported to the appropriate county Hilton.

Does he have an opportunity to get out of jail if he can post bail? Bail can be set by a bail bondsman within a couple of hours of arrest. Otherwise, he has to wait until the next business day to go in front of a judge for bail to be set. How much that bail will be is impossible to answer from the information provided. Again, what does the plot need?

How soon can he get out of jail after he posts bail? Processing out after bail is paid takes about an hour to two hours. Occasionally it can take longer.

Is he free to do whatever he wants to during the time he is awaiting trial? He will be subject to bail conditions, which can include where he can go, whether he can drink alcohol, whether he can have firearms, or other specific conditions.

Lots of questions! Please help!

Thanks all.

Best of luck,

Jim Clark-Dawe

dascmom
09-08-2012, 09:53 PM
Holy cow! That's a lot of information. It is no where near as simple as I'd thought. Thank you for putting so much time and effort into answering my question. Now, I guess it is my turn to do some research.

dascmom
09-08-2012, 10:07 PM
Jim,
After re-reading your answer I have to thank you again. I will most certainly use the references you provided for me.

I have already published the first story in what I anticipate to be a series of three. Book two is going to be where the villain receives his punishment for crimes committed. I'm nervous to get into these details because I'm afraid that I will miss something major and it will be glaringly obvious to people (like you) who know.

THANK YOU!

Dascmom

jclarkdawe
09-09-2012, 12:26 AM
Holy cow! That's a lot of information. Actually, its the tip of the iceberg, but it's enough for you to get going. It is no where near as simple as I'd thought. Legal stuff rarely is. Why do you think attorneys get paid so much money. Thank you for putting so much time and effort into answering my question. Quite honestly I didn't put a whole lot of time into this, less then 5 minutes. But I already know this stuff. However, you could have found it fairly quickly. Now, I guess it is my turn to do some research.


Jim,
After re-reading your answer I have to thank you again. I will most certainly use the references you provided for me.

I have already published the first story in what I anticipate to be a series of three. Book two is going to be where the villain receives his punishment for crimes committed. I'm nervous to get into these details because I'm afraid that I will miss something major and it will be glaringly obvious to people (like you) who know.

THANK YOU!

Dascmom

Here's the thing. You, as the writer, need to know this stuff, so you can do it correctly. But in your book, you can cut it down a lot. Your reader doesn't need to know this is a violation of RSA 632-A:3 I. You can call it a sexual assault. Want to make it sound worse, or be more precise, call it a felonious sexual assault. It can't, however, be called an aggravated felonious sexual assault by someone like a police officer or an attorney.

But in casual conversation, I might call this a "grope with a beating." The trick is knowing when the details matter, and how detailed the details need to be. Depending upon the scene, it could be very formal, with a reference to the RSA (stands for "revised statutes annotated") or a grope with a beating.

Best of luck,

Jim Clark-Dawe