Featured News 2014 Sexual Assault of the Unconscious… Should Penalties be Less?

Sexual Assault of the Unconscious… Should Penalties be Less?

Every year, bills are proposed to the State's Capitol, named after the victim the tragedy occurred to and whose story is being told. Although years ago, certain tragedies would be addressed and the guilty sent to prison, we are now in a time when prison populations are beginning to soar.

Recently, the proposal of Audrie's Law has emerged, which is an attempt to increase the punishment of individuals that have been convicted of a sex offense against a victim that is disabled or unconscious. Audrie's Law was named after a 15 year old girl who committed suicide a year after being the victim of sexual assault, while she was lying unconscious at a house party. She was assaulted by three teenage boys, who proceeded to take photos of the girl and then send them out to other students.

Since prison space is limited, there is a debate over whether sexual assault of the unconscious or disabled should require a two year sentence. Minimum mandatory sentences have never been introduced into California's juvenile justice system, which is why the proposal of Audrie's Law is a complex matter to agree upon. According to the parents of the victim, the boys should not be given a lesser punishment just because the girl was unconscious and therefore the act was not forced sexual assault.

People are arguing that the mandatory minimums that the adult system utilizes have not been successful in reducing the amount of violent crimes that are committed, so who's to say that mandatory minimums would be beneficial in the juvenile system?

Get a Tough Criminal Defense Attorney on Your Side!

If you or someone you know is facing charges from sexual assault, it is important to act fast in contacting a defense attorney in order to protect your rights. When your future is at stake, don't wait to take action. Contact a criminal defense lawyer today!

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