A conviction for any kind of sexual assault crime in Pennsylvania can have serious and long-lasting effects. Sentences usually involve significant jail time, large fines, and a requirement to register as a sex offender—possibly for life.
Sexual offenses are defined in the Pennsylvania state statutes, Title 18, § 3101 through 3133. The most common charges are rape (Title 18, § 3121), sexual assault (Title 18, § 3124.1), indecent assault (Title 18, § 3126), and statutory sexual assault (Title 18, § 3122.1).
Definition Of Rape Under Pennsylvania Law
Rape is a first-degree felony in Pennsylvania and a conviction on rape charges can lead to 10 to 20 years in prison plus fines of up to $25,000. In addition, if any kind substance was used to incapacitate the victim, the law allows for an additional sentence of ten years in prison and a fine of up to $100,000.
Rape is defined as engaging in sexual intercourse with a complainant:
- By forcible compulsion.
- By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
- Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
- Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
- Who suffers from a mental disability which renders the complainant incapable of consent.
Definition Of Sexual Assault Under Pennsylvania Law
Sexual assault is a second-degree felony, defined as having sexual intercourse or deviate sexual intercourse with another person against their will or without their consent. It is normally used when a sexual crime has been committed that does not fall under the legal definition of rape or involuntary deviate sexual intercourse. A conviction for sexual assault can lead to up to ten years in prison and the court may also impose fines of up to $25,000 at its discretion depending upon the exact nature and severity of the crime(s).
Definition Of Statutory Sexual Assault Under Pennsylvania Law
Statutory sexual assault is defined as someone who is more than four years older having intercourse with a person under the age of 16 if the two are not married. It is a second-degree felony (subject to the same sentencing mentioned above) if the defendant is more than four years but less than 11 years older than the minor. Statutory sexual assault is a first-degree felony if the defendant is 11 or more years older than the minor and subject to a sentence of up to 20 years in prison and/or a fine of up to $25,000.
Definition Of Indecent Assault Under Pennsylvania Law
Pennsylvania law states that someone is guilty of indecent assault when that person has indecent contact with someone else or causes someone else to come in contact with seminal fluid, urine, or feces for the purpose of sexual arousal. It is also considered to be indecent assault when:
- A person does the above without the complainant’s consent
- The person does so by force
- The person does so by threat of force
- The complainant is unconscious or otherwise unaware of what is happening
- The complainant was given drugs or other intoxicants without their knowledge
- The complainant is unable to consent because of mental impairment or disorder
- The complainant is under 13 years of age
- The complainant is under 16 years of age and the defendant is four or more years older and the two are not married
Depending on the exact circumstances, indecent assault can be prosecuted as a misdemeanor or a felony. A conviction can potentially lead to up to seven years in prison and/or a fine of up to $15,000.
Pennsylvania State Sexual Offenders Registry
Under the federal Sex Offender Registration and Notification Act (SORNA), all states are required to have a public registry of sex offenders convicted of certain sexual crimes. In Pennsylvania, that registry can be found on the Pennsylvania State Police Megan’s Law Website.
Pennsylvania’s sexual offender registration system has three tiers. Convicted offenders will be classified on each tier depending on the seriousness of the crime(s) they committed.
- Tier 1 offenders must register for a minimum period of 15 years.
- Tier 2 offenders must register for a minimum period of 25 years.
- Tier 3 offenders must register for life.
Get Help From A Sexually Violent Predator Defense Attorney
In addition to the classifications set forth under Pennsylvania’s Megan’s Law, someone convicted of a sexually violent crime can also be classified as a sexually violent predator.
The law defines a sexually violent predator as someone with “a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.”
The Pennsylvania Sexual Offenders Assessment Board (SOAB) investigates all sexually violent criminal convictions to determine if the offender should be classified as a sexually violent predator. The Board will make its determination based on factors specified by state law. They will then make an official recommendation to the court.
If the SOAB recommends classification as a sexually violent predator, the court will make the final decision after a sexually violent predator hearing.
Anyone classified as a sexually violent predator is automatically subject to:
- Lifetime registration with the Pennsylvania State Police with quarterly updates of his/her registration information
- Lifetime mandatory sex offender counseling with an SOAB approved treatment provider occurring at least once per month.
- Active community notification, whereby local law enforcement authorities notify neighbors, county children and youth agencies, local daycare centers, school districts, and institutions of higher education of the Sexually Violent Predator’s name, residential address, and offense. A photograph of the offender will also be provided.
Speak With An Experienced Pennsylvania Sexual Assault Lawyer
As you can see, any type of sexual assault charges should never be taken lightly. Most importantly, you should never try to deal with such charges on your own. It is in your best interest to seek the help of a qualified, competent, and aggressive Pennsylvania criminal defense attorney right away. Just a small mistake in your defense plan could mean years in prison and consequences that will stick with you for the rest of your life.
If you are being charged, or think you will be charged, with sexual assault in Pennsylvania, the experienced attorneys at Feeney & Gurwitz can help. We will work tirelessly to make sure that your rights are protected, your defense is well planned, and the outcome of your case is the best possible.
Your initial consultation is free and confidential. We’ll be happy to go over the details of your case and discuss what we can do to help you. Call (610) 378-7000 to schedule your free consultation.