Mississippi Criminal Law BlogAccording to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused.
In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.
In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.
What are the Penalties for Sexual Battery in Mississippi?
Being accused of sexual assault can have significant personal consequences, including damage to one’s reputation and relationships. If an individual is convicted of sexual assault, it can carry severe legal penalties, including jail time, fines, and the requirement to register as a sex offender. If an individual is convicted of sexual assault, he or she may face up to forty (40) years in prison, a fine of up to $10,000, or both. Notably, there may be different penalties for those individuals who are convicted of sexually assaulting a minor.
Upon conviction, the court has the discretion to issue a protection order which would prohibit the offender from any contact with the victim, regardless of the relationship between the victim and offender. If a court enters a protection order and the offender violates the order, he or she may face a fine of up to $500, six (6) months in jail, or both.
Finding an Attorney
Being accused of sexual assault is a very serious matter and can have lifelong consequences for the accused if found guilty If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime like sexual assault is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. We understand the seriousness of these charges and will work tirelessly to help you achieve the best possible outcome for your case. Call us today for your free consultation to learn more.