Conn. Gen. Stat. 53a‑71 – Sexual Assault in the Second Degree

Connecticut General Statutes 53a‑71 explained for non lawyers

1. What the law prohibits

A person commits sexual assault in the second degree if they engage in sexual intercourse with someone and any of the following apply:

1. The victim is 13–15 years old, and the offender is more than three years older.
2. The victim is mentally disabled or mentally ill—so impaired they can’t consent.
3. The victim is physically helpless (like unconscious).
4. The victim is under 18, and the offender is the victim’s guardian or responsible for their supervision.
5. The victim is in custody or detained (like in a hospital or jail), and the offender has disciplinary or supervisory authority over them.
6. The offender is a psychotherapist and the victim is their patient or former patient, and either:
   • The sex occurs during a therapy session,
   • The patient is emotionally dependent on the offender, or
   • The offender used deception, claiming sex was part of therapy.
7. The offender used a false claim of medical purpose (posing as a health professional).
8. The offender is a school employee and the victim is a student at that school.
9. The offender is a coach or instructor, and the victim is a secondary school student or under 18, receiving coaching or instruction.
10. The offender is 20 or older, holds a position of power or authority over a person under 18.
11. The victim is receiving services from the state’s Department of Developmental Services, and the offender has supervisory authority over them.

2. What the penalties are if someone is convicted

• Class C felony by default:
  • Up to 10 years in prison,
  • At least 9 months must be served—the judge cannot reduce that sentence.
• If the victim is under 16, it becomes a Class B felony:
  • Up to 20 years in prison,
  • At least 9 months non-reducible prison.

3. What the state has to prove to convict someone (Elements of the offense)

To secure a conviction, the prosecutor must prove beyond a reasonable doubt:

1. Sexual intercourse occurred (defined by § 53a‑65).
2. One of the 11 listed conditions applied—such as the age of victim and age difference, victim’s inability to consent, supervisory roles, therapist/patient relationship, authority position, etc.
3. If the victim was under 16, the case is a Class B felony. Otherwise, it’s a Class C felony.

For the actual statute, you can visit Justia which has the actual law on its website.

Over 1,000 Google reviews with a 4.8-star rating don’t lie. Connecticut residents choose Ruane DUI & Criminal Defense Attorneys because we deliver results in every courthouse across the state. See why your neighbors trust us with their futures – call 203-925-9200 today