State v. S.L.

Our client was a 21 year old mother with a two year old baby. The father of the baby was an underage school mate of the client at the time of conception. Three years after alleged criminal act, State charged client with sexual assault in the second degree (statutory rape), which carries mandatory 9 month prison sentence and which would also have required that client register and appear on an Internet web-site for ten years as a Sex Offender under Connecticut’s “Megan’s Law”. Clinic negotiated with prosecutor for reduction of charge to misdemeanor to avoid mandatory jail time, then filed numerous pleadings, including a motion challenging Megan’s law’s constitutionality as applied to client and a motion for the court to recognize the child as a “victim” under state law and to appoint a lawyer to represent child’s interests (in having mother not subject to Sex Offender registration). Court recognized child as “victim” and permitted a guardian ad litem to appear to represent child’s interests. The Court later issued an order that the state may not require the client to comply with either the community notification or the registration requirements of Megan’s Law. On the misdemeanor charge, client received suspended sentence and a short period of “conditional discharge” (similar to unsupervised probation).