Sexual Assault Laws in Delaware

Delaware calls this rape (penetration or intercourse) and unlawful sexual contact (touching). Rape in the first degree (intercourse with aggravating factors such as injury, a weapon, an accomplice, or a victim under 12 with an adult defendant) is a class A felony (15 years to life), and life without parole is required in listed cases such as serious injury to a victim under 16, three or more victims, or a prior rape conviction. Rape in the second degree (intercourse without consent, or penetration without consent with aggravating factors) is a class B felony with a 10-year minimum. Rape in the third degree is a class B felony and rape in the fourth degree (including penetration without consent) is a class C felony (up to 15 years). Unlawful sexual contact is a class A misdemeanor (third degree, offensive or non-consensual contact), class F felony (second degree) or class D felony (first degree, with injury or a weapon). Sex with a minor is covered on the age-of-consent page.

Delaware's rule on court-appointed lawyers: The Office of Defense Services 'shall represent, without charge, each indigent person who is under arrest or charged with a crime' if the person requests it or the court orders it and the person does not reject it on the record. The Office of Defense Services makes the determination of indigency. A person under 18 arrested or charged with a crime or act of delinquency is automatically eligible. The former administrative fee assessment (§ 4607) was repealed effective April 3, 2023. 29 Del. C. §§ 4602, 4607

Lawyers set their own fees, and Delaware has rules on how they may charge. See hiring a criminal defense lawyer in Delaware for fee rules, how to check a lawyer's license and free help.

How release before trial works in Delaware: Pretrial release is decided by a 'court' — including the Superior Court, Court of Common Pleas, Family Court and Justice of the Peace Court. A capital crime is not bailable (§ 2103(a)). Under the version in effect until February 1, 2027, a person charged with a noncapital crime is released on one of four bond types, ranging from a conditions-of-release bond to a bond secured by cash only (§ 2104(a)); the court 'shall use an empirically developed risk assessment instrument, if available,' which is not binding (§ 2104(e)(1)); and the court shall release a defendant accused of a bailable crime when release is reasonably likely to assure appearance without substantial risk to community safety (§ 2105(a)). For a listed group of serious offenses (including Title 11 class A felonies, first-degree robbery and burglary, and certain firearm and domestic-violence felonies), there is a presumption of a bond secured by cash only (§ 2107(c)). Effective February 1, 2027, revised sections create 'a presumption in favor of release with nonmonetary conditions,' require the least restrictive conditions and the lowest reasonably necessary bail amount, and allow preventive detention without bail for offenses listed in § 2116(b) on clear and convincing evidence. 11 Del. C. §§ 2102, 2103, 2104, 2105, 2107, 2116 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Delaware expungement and record sealing rules.