Connecticut General Statutes § 53a-70a – Aggravated Sexual Assault in the First Degree

Aggravated sexual assault in the first degree is one of the most serious sex crimes in Connecticut. The charge is built on sexual assault in the first degree (§ 53a-70) with added aggravating factors such as the use or display of a deadly weapon, causing extreme injury, acting with extreme indifference to human life, or committing the assault while aided by two or more people who are actually present.

You cannot be convicted of both § 53a-70 and § 53a-70a for the same incident (the state may charge both in the alternative). Mandatory minimum prison terms and sex-offender registration apply if you are convicted.

To convict you of aggravated sexual assault in the first degree under § 53a-70a, the State must prove, beyond a reasonable doubt, that:

1. You committed sexual assault in the first degree as defined in § 53a-70; and
2. During that offense, at least one of these aggravating factors applied:
   • Deadly weapon aggravator: you used, were armed with and threatened the use of, displayed, or represented that you had a deadly weapon; or
   • Permanent maiming: with intent to disfigure or permanently disable, you caused such injury; or
   • Extreme indifference / serious injury: you recklessly engaged in conduct creating a risk of death under circumstances showing extreme indifference to human life, causing serious physical injury; or
   • Aided by others: you were aided by two or more other persons actually present during the assault.

• § 53a-70 – Sexual Assault in the First Degree
• § 53a-70b – Aggravated Sexual Assault of a Minor
• § 53a-71 / § 53a-72a / § 53a-73a – Sexual Assault 2nd / 3rd / 4th Degree
• § 53-21 – Risk of Injury to a Minor
• § 53a-92 / § 53a-94 – Kidnapping 1st / 2nd Degree
• § 53a-95 – Unlawful Restraint

Every case turns on its facts. Common defense themes include:

• Challenge to the underlying § 53a-70 count (identity, consent where legally relevant, reliability of statements, timeline inconsistencies).
• Aggravator proof issues – whether an object legally qualifies as a deadly weapon; whether injuries rise to serious physical injury; whether alleged helpers were actually present.
• Forensic and digital evidence – DNA handling, SANE protocols, surveillance gaps, phone/location data that undermines the allegation.
• Motions to suppress statements or evidence obtained in violation of constitutional rights.
• Merger / duplication problems if both § 53a-70 and § 53a-70a are charged for the same conduct.

• Default classification (adult complainant): Class B felony. The court must impose at least 10 years of imprisonment; 5 years of the sentence may not be suspended or reduced.
• Complainant under age 16: Class A felony. A mandatory minimum applies, including 10 years that are nonsuspendable.
  • If the underlying § 53a-70 theory is force/threat-of-force (subsection (a)(1)) and the complainant is under 16, then 20 years of the sentence may not be suspended or reduced.
• Sex-offender registration is required upon conviction; length depends on the specific offense classification and disposition.
• Courts routinely impose protective orders, lengthy probation terms with strict conditions, and treatment / supervision requirements.

Given the severe mandatory time, early intervention by an experienced defense lawyer is critical.

The State must first prove sexual assault in the first degree (§ 53a-70) and then show an added factor like a deadly weapon, permanent maiming, extreme indifference causing serious physical injury, or that two or more accomplices were actually present during the assault.

No. The State can charge both in the alternative, but you cannot be convicted of both for the same act. If § 53a-70a is proven, it subsumes the § 53a-70 count.

It means the additional participants are present at the scene in a way that contributes to the coercive environment. They don’t need to physically touch the complainant, but their presence must be part of the assault circumstances.

Not necessarily. Displaying or representing that you have a deadly weapon can satisfy the aggravator, even if the weapon is not later recovered.

In general, injuries that create a substantial risk of death, cause serious disfigurement, or result in prolonged impairment. Medical records and expert opinions often drive this analysis.

Yes. Most § 53a-70a convictions carry a mandatory minimum of 10 years, with 5 years nonsuspendable. If the complainant is under 16 (and certain underlying theories apply), 20 years may be nonsuspendable.

Almost certainly. Registration length depends on the precise offense and disposition; conditions of probation and protective orders are common.

It depends on the facts. Defense strategies include challenging identity, the underlying § 53a-70 elements, and the aggravator (weapon proof, injury severity, or presence of accomplices). Successful motions or negotiations can lead to reductions.

Forensic results (DNA, SANE documentation), digital evidence (texts, location data), witness credibility, and medical records. In aggravator cases, weapon evidence and injury grading are critical.

Do not make statements without counsel. Preserve potential evidence (texts, locations, names of witnesses), follow any protective orders, and contact an experienced defense lawyer immediately.

If you or a loved one is charged under § 53a-70a, the stakes could not be higher. Our firm has defended hundreds of felony cases statewide and knows how to challenge aggravators, attack unreliable evidence, and protect your rights at every step.

We work on a flat-fee basis and offer 24/7 access for urgent matters. Call (203) 357-5555 to schedule your free consultation, or contact us online for a prompt response.