C.G.S. § 53a-71 – Sexual Assault in the Second Degree

Sexual Assault in the Second Degree is one of the more serious sex crime charges in Connecticut. It applies in situations where sexual intercourse occurs but the circumstances make it legally impossible for the other person to consent. This statute is designed to protect individuals who are incapacitated, underage, or subject to authority-based relationships where consent cannot legally exist.

The law recognizes that some relationships inherently carry an imbalance of power or capacity, which removes the ability to give valid consent. As a result, even if both people believed the conduct was consensual, the law may treat it as a felony offense.

To convict someone of Sexual Assault in the Second Degree, prosecutors must prove beyond a reasonable doubt that:

• The defendant engaged in sexual intercourse with another person; and
• The other person fell into one of the legally protected categories under this statute.

These include:

• The other person is physically helpless, such as unconscious, drugged, or so intoxicated they cannot communicate unwillingness.
• The other person has a mental disability or disease that makes them unable to consent.
• The victim is under 18 and the accused is their guardian, responsible for their welfare, or in another supervisory role.
• The victim is in custody, institutionalized, or hospitalized, and the accused is in a position of authority.
• The accused is a psychotherapist and the sexual relationship occurs during therapy or under “therapeutic deception.”
• The accused is a teacher, coach, or instructor, and the victim is a student under 18.
• The accused is a health care professional misrepresenting treatment to obtain sexual intercourse.
• The accused is 20 years or older and in a position of authority over someone under 18.
• The victim receives Department of Developmental Services (DDS) support and the accused exercises authority over them.

• Class C Felony – Up to 10 years in prison, with a 9-month non-suspendable mandatory minimum.
• If the victim is under 16, the charge escalates to a Class B Felony, punishable by 1 to 20 years in prison, with a 9-month mandatory minimum.
• Fines up to $10,000.
• Mandatory sex offender registration upon conviction.

👉 Diversionary Option: The Accelerated Rehabilitation (AR) program may technically be available, but for a Class C felony it is considered a long shot. Judges rarely grant AR in these cases unless extraordinary circumstances can be shown.

• College Party Case
  • A 19-year-old college student is accused of having sexual intercourse with a peer at a dorm party in New Haven. Witnesses reported that the alleged victim consumed large amounts of alcohol and appeared to be “passing out” shortly before the encounter. Even though the defendant insists the other student agreed, prosecutors charged Sexual Assault in the Second Degree on the grounds that the alleged victim was too intoxicated to legally consent.
• Therapist Relationship
  • A licensed psychotherapist in Stamford began a sexual relationship with a patient during ongoing counseling sessions. The patient later reported the conduct to authorities, claiming she felt manipulated and unable to refuse because of the therapist’s authority. Under Connecticut law, this is considered Sexual Assault in the Second Degree because the professional relationship removes the possibility of valid consent, even if the patient initially agreed.
• Coach and Student Case
  • A 25-year-old high school coach in Greenwich was accused of having a sexual relationship with a 17-year-old student-athlete. The student admitted to the relationship but said it was consensual. Despite that, the coach was charged with Sexual Assault in the Second Degree because the law prohibits sexual contact between authority figures and students under 18, regardless of apparent consent.
• False Accusation – Innocent Scenario
  • A man in Norwalk gave a co-worker a ride home after a late shift. Weeks later, the co-worker accused him of having sexual intercourse with her while she was “too intoxicated” to consent. However, surveillance video from the parking lot showed her walking steadily, engaging in conversation, and voluntarily entering his car. Phone records revealed friendly texts exchanged afterward with no mention of wrongdoing. This evidence demonstrated that the allegations were false, leading to a dismissal of the case.

• C.G.S. § 53a-70 – Sexual Assault in the First Degree
• C.G.S. § 53a-72a – Sexual Assault in the Third Degree
• C.G.S. § 53a-73a – Sexual Assault in the Fourth Degree
• C.G.S. § 53-21 – Risk of Injury to a Minor

Defending against this charge requires careful analysis of the facts, credibility of the accuser, and the presence or absence of supporting evidence. Common defenses include:

• Consent – While some cases involve legally barred consent, others hinge on whether consent was freely given and later misrepresented.
• False Allegations – Motivations such as revenge, divorce leverage, or custody disputes can drive false claims.
• Insufficient Evidence – Many cases lack physical evidence or rely solely on testimony.
• Mistaken Identity – In some party or alcohol-related scenarios, misidentification can occur.
• Procedural Violations – Improper police questioning or unlawful evidence collection may lead to suppression of evidence.

It involves sexual intercourse where the alleged victim cannot legally consent, such as being intoxicated, underage, or in a relationship of trust like teacher/student. It is a Class C or B felony depending on circumstances.

Yes. Second-degree sexual assault is always a felony, carrying mandatory jail exposure, fines, and sex offender registration requirements.

Even if the person appeared to agree, consent is not legally valid if they were incapacitated, underage, or in a relationship of power imbalance. The law assumes they cannot give proper consent.

No. In Connecticut, once an arrest is made, the case belongs to the State. Prosecutors can continue even if the accuser wants the charges dismissed.

The charge escalates to a Class B Felony, punishable by up to 20 years in prison, with a mandatory minimum of 9 months that cannot be suspended.

In theory, yes — but in practice it is extremely rare. Judges only allow AR in exceptional cases, so it should be considered a long-shot option.

Felony sex assault cases typically take 9–18 months to resolve, sometimes longer if they go to trial. Program applications can shorten that timeline if granted.

An experienced lawyer can challenge credibility, scrutinize evidence, suppress illegally obtained proof, and explore every option for dismissal, reduction, or program admission. Early involvement is key to building the strongest defense.

If you or a loved one has been charged with Sexual Assault in the Second Degree (C.G.S. § 53a-71), your future and freedom are on the line. These charges carry mandatory jail time and a permanent record if not handled properly.

📞 Call Allan F. Friedman, Criminal Lawyer, today at (203) 357-5555 or contact me here for a free and confidential consultation.