Pennsylvania Sexual Assault Laws

Pennsylvania has numerous statutes that address sexual assault and related crimes. These range from statutory sexual assault to rape to aggravated indecent assault. Each of these crimes is unique.

If you are accused of violating a Pennsylvania sexual assault law, you want to have a criminal defense attorney on your side as soon as possible. You have options for fighting the allegations or charges you face. The sooner you have a Philadelphia sexual assault defense lawyer managing your defense, the more options you might have.

What are the Sexual Assault Laws in Pennsylvania?

Depending on the circumstances, those accused of these crimes could face charges such as:

Sexual Assault: 18 Pa. Cons. Stat. § 3124.1 defines sexual assault as sexual intercourse or other sexual behaviors that occur without the consent of the other party or when the other party cannot give their consent because of their age, level of consciousness, or physical or cognitive disabilities.
Rape: This is defined under 18 Pa. Cons. Stat. § 3121 and is usually charged as a first-degree felony, the offense of rape is more serious than sexual assault.
Statutory Sexual Assault: This charge is used when one party is under age 16 and the other is more than four years older. It is defined under 18 Pa. Cons. Stat. § 3122.1.
Institutional Sexual Assault: This charge, based on 18 Pa. Cons. Stat. § 3124.2, could occur when the accused was an employee or volunteer of certain types of institutions, such as schools or prisons.
Indecent Assault: Indecent assault (18 Pa. Cons. Stat. § 3126) and aggravated indecent assault (18 Pa. Cons. Stat. § 3125) involve having indecent contact for the purpose of sexual arousal without the other party’s consent.

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What Are the Penalties in Pennsylvania for a Sexual Assault Conviction?

The possible penalties and sentencing guidelines in a Pennsylvania sexual assault depend on the specific details of the case, the charges used, and whether there were any aggravating circumstances. A defendant’s prior convictions could also play a role.

Depending on the circumstances, those accused of sexual assault could face additional or alternative penalties. They could include:

Up to ten years in prison
Up to $25,000 in fines

Other related sexual conduct crimes could call for more or less county jail or prison time, depending on their severity and other factors.

What are the Possible Defenses to a Sexual Assault Charge?

The possible defense strategies used by a criminal defense lawyer fighting a sexual assault charge in Pennsylvania will depend on the specific facts and circumstances of the case. Each case is unique and will have different options for possible defenses.

Some of the most common defenses used in sexual assault cases include:

Consent: In many cases, the defense argument is that the sexual act was consensual. There are numerous reasons why a party who willingly participated in sexual intercourse might make accusations later, and this could support a strong defense case.
Mistaken Identity: When using a mistaken identity defense, the lawyer will not deny the assault took place. However, they will show evidence that points toward someone else committing it. This often works in tandem with an alibi defense.
False Accusation: Sometimes, accusers are not trustworthy. They may accuse someone of sexual assault or another related crime because of revenge, jealousy, or another reason. This is a common defense in these cases, especially when there is an extensive history between the parties.
Alibi: If the defendant was somewhere else when the crime occurred, they could not be guilty of the offense. Providing an alibi could help clear your name by showing you were not the guilty party.
Police Mishandling or Violation of Rights: You have rights, even when accused of a serious crime. If law enforcement authorities mishandle the case or violate your rights, it could get some evidence barred from trial. If this evidence is crucial to the prosecution’s case, its exclusion could result in charges being dropped or an acquittal.
Insufficient Evidence: Sometimes, there is simply not enough evidence to show that the defendant is guilty of the crime. The burden of proof in these cases requires prosecutors to present strong evidence to show guilt. When they fail to do so, the jury cannot convict the defendant.

Of these, false accusations and consent play the most prominent roles in sexual assault cases. However, there could be a compelling angle in your case that makes one of the other options more likely to succeed or tell the truth about what happened. Your attorney will investigate the circumstances that led to the criminal charges against you to determine the most appropriate and effective approach.

What is the Role of an Attorney in a Sexual Assault Criminal Case?

One of your top priorities following your arrest should be to hire a criminal defense attorney familiar with the sexual assault laws. Your reputation, future, and freedom could be in jeopardy, so you want an aggressive, experienced, and knowledgeable lawyer representing you.

When your attorney signs on to handle your case, they will immediately go to work protecting your rights and developing a defense strategy to get you a better outcome in your case. They will also be by your side, guiding you through the criminal justice process. You can expect them to answer your questions, be with you at every court appearance, and ensure you have the support you need throughout.

If necessary, they will present arguments at trial on your behalf and challenge the jury to cast reasonable doubt on the prosecution’s evidence. They will fight for your best interests and may even handle appeals if there is an issue with your case.

Discuss Your Sexual Assault Charges with Our Law Firm Today

Call the Law Offices of M.J. Snyder, LLC, as soon as you learn of the allegations against you for the best results. This gives our criminal lawyers more time to develop a convincing defense against these accusations and fight for your future. We offer a free consultation for individuals and their families facing these types of charges that carry severe penalties.