Rape is when unwanted sexual intercourse is forced upon someone, while sexual assault is when any unwanted sexual contact happens without consent. In Pennsylvania, there are differences between these types of assault and the possible charges. Rape is considered a more severe crime because of the forceful sexual activity the crime involves.
Sexual assault charges can have devastating outcomes on your life, especially if you are convicted. It is important to remember that sexual allegations are not convictions. A Pennsylvania rape defense lawyer can help you navigate your questions and concerns if you or a loved one has been accused of rape or sexual assault.
What Is Sexual Assault?
Sexual Assault can be defined as having sexual intercourse or interaction or deviant sexual intercourse with someone without their consent. Sexual Assault can fall short of involving penetration or sexual intercourse, such as touching a person’s intimate parts (sexual organs, genital area, anal area, inner thigh, groin, buttock, breast) without consent. Criminal sex crimes can include other related charges as well, such as:
- Statutory sexual assault is sex acts with a person under age 16 with or without consent.
- Indecent assault, forcing someone to make contact with bodily fluids for sexual contact without consent.
- Aggravated indecent assault, engaging in unwanted penetration with another person’s body without consent.
- Institutional sexual assault. These charges apply to those in authoritative positions who use that power to force intercourse on someone they supervise. This can include assault of a minor at a school, childcare, youth centers, or adults at correctional facilities, detention, or mental health facilities.
Sexual assault and rape involve committing acts without someone’s consent. If someone does not voluntarily agree or participate in a suggestion, proposal, or plan, you could be forcing an act upon someone else. If someone else submits under the influence of substances, fear, or threats, that does not mean they gave their consent.
Punishment for Sexual Assault and Rape Crimes
Sexual assault is a second-degree felony in Pennsylvania, carrying a maximum prison term of no more than 10 years and a maximum fine of no more than $25,000. This charge will change to a first-degree felony if the victim is under 16.
Rape, on the other hand, is always a first-degree felony that carries a maximum of 20 years in prison and a $25,000 fine. The maximum prison time and fines increase depending on the victim’s age and if intoxicants were used.
For rape of a child age 13 or younger, the sentence could be up to 40 years imprisonment. If the crime was the rape of a child with bodily harm, the sentence could be life in prison.
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Relationship Between Parties Can Determine the Punishment for Rape
Pennsylvania defines rape as engaging in “sexual intercourse with a complainant by forcible compulsion or threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.”
Rape doesn’t always need violence or threats of violence to take place. It also includes sexual intercourse with someone who is:
- Unconscious or otherwise unaware that sexual intercourse is taking place
- Substantially impaired by drugs or alcohol
- Mentally handicapped
- Incapable of giving consent
- A child under the age of 13
This can include male or female victims and heterosexual and homosexual rape. If a person feels they are in danger and cannot resist what is being forced upon them, it is considered rape. Depending on the relationship between the accuser and defendant, the act could fall under stranger rape or acquaintance rape.
Statutory Rape
Statutory rape could appear to be consensual if a person past the age of consent is having intercourse with a minor. Someone not of legal age of consent cannot legally give consent for sex resulting in rape under strict criminal liability.
Date Rape or Acquaintance Rape
Date rape drugs are substances used to make rape or sexual assault easier. Drugs and alcohol can make someone confused or result in misunderstandings. You may end up unwillingly acting maliciously.
Involuntary Deviate Sexual Intercourse
This charge is similar to rape as it includes force upon someone else for sexual intercourse, as well as other sex acts including foreign objects, while the person could be:
- Unaware of what is happening
- Impaired ability to control their body
- Suffer from a mental disability not allowing the ability to give consent; or
- Someone younger than age 16 and the other person is at least four years older and not married
A Rape Defense Lawyer Can Help – Call Us for a Free Consultation
Being accused of a crime can be stressful, and sexual assault charges can seriously affect your life. A criminal defense lawyer from the Law Offices of M.J. Snyder, LLC, can help you navigate the system and advocate for you in and out of court. We can answer your questions, investigate the situation, and evaluate its possible outcomes.
If you or a loved one is facing sexual assault accusations, contact us today for a free consultation so we can determine your next steps, including how to support and defend your case.
