C.G.S. § 53a-70 – Sexual Assault in the First Degree

Sexual Assault in the First Degree is the most serious sex crime charge under Connecticut law. It applies when someone is accused of engaging in sexual intercourse by force, threat, or when the victim is incapable of consent.

This offense is a Class B felony punishable by up to 25 years in prison, with mandatory minimums in certain circumstances. Convictions carry lifetime consequences, including mandatory sex offender registration.

To convict someone of Sexual Assault in the First Degree under C.G.S. § 53a-70, the State must prove that the defendant engaged in sexual intercourse with another person and:

• Used force or the threat of force; or
• Caused physical injury during the assault; or
• The alleged victim was under age 13 and the accused is more than two years older; or
• The alleged victim was under age 16 and force was used; or
• The assault was committed with the aid of two or more people.

“Sexual intercourse” under Connecticut law includes not only vaginal intercourse but also oral or anal sexual acts.

• Stamford Nightclub Case: A man is accused of forcing sexual intercourse after leaving a bar. The defense later obtains video showing the interaction was consensual, and witnesses confirm there were no signs of distress. The credibility of the allegation is successfully challenged.
• Norwalk Juvenile Case: A 15-year-old accuses a 19-year-old of sexual assault after drinking at a party. Because the victim was under 16, the State charges the defendant with Sexual Assault in the First Degree with a mandatory minimum sentence.
• Greenwich Home Invasion Case: An intruder allegedly threatens violence against a homeowner to compel sexual intercourse. Even without physical injury, the use of threats can satisfy the elements of this offense.

• C.G.S. § 53a-71 – Sexual Assault in the Second Degree
• C.G.S. § 53a-72a – Sexual Assault in the Third Degree
• C.G.S. § 53a-72b – Sexual Assault in the Third Degree with a Firearm
• C.G.S. § 53a-73a – Sexual Assault in the Fourth Degree
• C.G.S. § 53-21 – Risk of Injury to a Minor

• Consent: If the encounter was consensual, the State must be challenged on its ability to prove otherwise beyond a reasonable doubt.
• Credibility Challenges: Many cases depend solely on the accuser’s word. Inconsistencies in statements, motives (custody disputes, revenge, financial leverage), or delayed reporting can be powerful defense tools.
• Lack of Evidence: DNA, medical evidence, or witness testimony may not match the accusation.
• Mistaken Identity: In some cases, eyewitness misidentification plays a role.
• Suppression Motions: Statements obtained without Miranda warnings or evidence seized unlawfully can sometimes be excluded.

• Class B Felony
• Up to 25 years in prison (mandatory minimum of 10 years in some child-related cases)
• Fine up to $20,000
• Mandatory sex offender registration
• Probation and long-term restrictions on housing, employment, and travel

Yes. It is always a Class B felony, with extremely serious penalties. In some cases involving children, there are mandatory minimum sentences that judges cannot go below.

Yes. Any conviction for Sexual Assault in the First Degree requires mandatory sex offender registration. The length of registration may be 10 years to life, depending on the facts of the case.

Yes. Injury is not required if the State proves force, threat of force, or that the victim was underage. Many cases rely solely on testimony and credibility issues.

The prosecutor still controls the case and can choose to move forward even if the alleged victim changes their story. However, recantations can create credibility issues that a defense lawyer can use to challenge the State’s case. Judges and juries often take recantations seriously.

Unfortunately, yes. These cases often arise in situations involving alcohol, custody battles, or revenge. Strong cross-examination and evidence review are key to exposing false claims.

On average, felony sex crime cases can take 12–18 months to resolve. If the case goes to trial, it may last even longer. Early intervention by a defense attorney can sometimes shorten the timeline.

Common defenses include consent, mistaken identity, and lack of evidence. Attorneys may also file motions to suppress unlawfully obtained evidence. Every defense must be customized to the facts.

No. Anything you say can be used against you, even if you are innocent. The safest course of action is to remain silent and contact an experienced criminal defense lawyer immediately.

If you or a loved one is facing Sexual Assault in the First Degree charges in Stamford, Norwalk, Greenwich, Bridgeport, New Haven, or anywhere in Connecticut, the stakes could not be higher. These charges carry life-altering penalties and permanent stigma.

📞 Call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 for a free, confidential consultation. We are available 24/7, 365 days a year to protect your rights and build your defense or use our online contact form.