What Is Considered Sexual Assault In New Hampshire?
If you have been sexually assaulted, it is critical to contact a knowledgeable attorney to help you seek compensation for your damages and losses. However, many people in New Hampshire do not understand what is considered sexual assault under state law.
What to Do After Being Sexually Assaulted
Often, sexual assault survivors do not know what to do following the incident. It is not uncommon for people who have been sexually assaulted to feel shame, humiliation, anger, and a plethora of other emotions following the incident.
If you have become a victim of sexual assault in New Hampshire, your safety is your first priority. You should also seek medical attention and consider talking to a therapist.
It is equally important to schedule a free, confidential consultation with an attorney to discuss your legal rights. An attorney will help you file a claim on your behalf to obtain compensation for the damages you suffered after being sexually assaulted.
Many victims of sexual assault do not realize that they can receive financial compensation for all the harm caused by the perpetrator due to their heinous crime. While no money in the world can undo what happened to you, it can help you recover faster by allowing you to fund effective medical treatment, rehabilitation, and therapy.
What Does New Hampshire Law Consider Sexual Assault?
New Hampshire law criminalizes many acts of a sexual nature. Under New Hampshire’s criminal law, sexual assaults are categorized into three crimes:
- Sexual assault
- Felonious sexual assault
- Aggravated felonious sexual assault
The classification of the sexual assault crime is based on the severity and the circumstances of the attack. The first classification of sexual assault is codified in New Hampshire Revised Statutes § 632-A:4.
Under New Hampshire law, sexual assault is any act of a sexual nature directed against another individual when:
- The act is forcible or committed against the individual’s will; or
- The individual lacks the mental or physical capacity to give consent.
Criminalized acts of sexual assault in New Hampshire include sexual contact for the perpetrator’s gratification, to get sexually aroused, or to humiliate the victim. Sexual contact includes touching the victim’s intimate parts (genitalia, breasts, or anus).
Sexual Assault and Consent in New Hampshire
Many people do not understand what counts as consent when criminalizing sexual assault. Under New Hampshire law, consent is an agreement based on the mutual desire of the persons involved in sexual activity.
Contrary to popular belief, a sexual assault victim’s “yes” does not count as consent when they agree to sexual activity because:
- They are intimidated or scared;
- They are physically and/or mentally threatened; or
- They are incapacitated by alcohol or drugs.
In addition to criminal prosecution, a sexual assault survivor can file a civil lawsuit against the perpetrator to seek financial compensation for their damages and losses. Recoverable damages may include the victim’s medical bills, pain and suffering, loss of income, and many more.
Consult with an attorney if you have been a victim of sexual assault in New Hampshire. Our Manchester sexual assault attorneys at the Law Office of Manning Zimmerman & Oliveira PLLC will help you understand your options. Call 603-624-7200 for a confidential consultation.