Institutional sexual assault is a serious crime that involves engaging in sexual activity with a person who is under the authority or supervision of the offender. This crime can occur in various settings, such as schools, prisons, hospitals, or residential facilities. The victims of institutional sexual assault may be inmates, students, patients, residents, or parolees. The offenders may be employees, agents, or volunteers of the institutions where the sexual activity takes place.

Institutional sexual assault is a felony of the third degree in Pennsylvania, punishable by up to seven years in prison and a fine of up to $15,000. The offense can also result in the loss of professional licenses, civil lawsuits, and sex offender registration. If the victim is under 18 years of age, the offense is considered a sexual offense against a minor, which carries additional penalties and consequences.  If you are facing accusations or arrest, you need Experienced Pennsylvania Sex Crime Lawyers for your Institutional Sexual Assault case.  Contact Ciccarelli Law Offices immediately.

Pennsylvania Institutional Sexual Assault

All sexual assault charges are serious. However, there are particular circumstances, which can make sexual assault charges even more severe. Institutional Sexual Assault occurs when institutional employees or agents engage in sexual acts or indecent contact with an inmate, resident, patient or detainee of the facility. Facilities included under the Pennsylvania institutional Sexual Assault laws include: state or county juvenile detention centers, youth camps or development centers, county correctional authorities, schools and daycare facilities and the Department of Corrections. Employees or agents who work in these facilities can face severe penalties for any act of sexual intercourse or indecent contact, and could be charged with a third-degree felony.

Punishments for Pennsylvania institutional Sexual Assault can range from jail or prison up to seven years and a fine from $2,500 and $15,000. The fines and penalties are so severe because state and county employees in the state of Pennsylvania as well as teachers and childcare workers are held to higher standards. Because these employees are responsible for the safety and the welfare of those they deal with, and because, in most cases, the person who is sexually assaulted is unable to leave the facility, the penalties for a conviction are severe.

Institutional Sexual Assault of a Minor

If the Institutional Sexual Assault was perpetrated on a minor under the age of 18, it is also a third-degree felony. Institutional Sexual Assault with a minor may also include children receiving care in any type of center for children including a family home daycare, a child daycare center or a boarding-type home.  In fact, any person who is a volunteer or employee of a school, or any person having direct contact with a student at a school commits a third-degree felony if sexual intercourse or indecent contact is engaged in with a minor.

Employees of a school can include teachers, coaches, principals, vice-principals, substitute teachers, school nurses, janitors, cafeteria workers, bus drivers, teacher aides, child nutrition specialists, school counselors, athletic trainers or any independent contractor hired by the school system.

A student employed at the school or an independent contractor or employee of an independent contractor who has no direct contact with the students in the school are not included.

Why You Need to Hire an Attorney as Soon as Possible

Institutional sexual assault is a serious charge that can have devastating consequences for your personal and professional life. If you are facing this charge, you need to hire an attorney as soon as possible. Here are some of the reasons why:

• An attorney can protect your rights and advise you on what to do and what not to do during the investigation and the legal process. For example, your attorney can advise you on whether to talk to the police, the media, or the accuser, and what to say or not to say.
• An attorney can help you obtain bail or reduce your bail amount, if you are arrested and detained. Your attorney can also help you request a preliminary hearing, where he or she can cross-examine the prosecution’s witnesses and challenge the evidence against you.
• An attorney can negotiate with the prosecution to seek a plea bargain, where you may be able to plead guilty to a lesser charge or receive a reduced sentence in exchange for your cooperation or admission of guilt.
• An attorney can prepare a strong defense strategy for your trial, where he or she can present evidence and witnesses in your favor, cross-examine the prosecution’s witnesses and evidence, and make persuasive arguments to the judge and the jury.
• An attorney can appeal your conviction or sentence, if you are found guilty or if you are unhappy with the outcome of your trial. Your attorney can file a motion for a new trial, a motion to vacate the judgment, or an appeal to a higher court, depending on the circumstances of your case.

• Examples of Institutional Sexual Assault

  Some examples of institutional sexual assault are:

  • A teacher who has sexual intercourse, oral sex, or fondles a student who is under his or her supervision.
  • A prison guard who coerces or forces an inmate to engage in sexual acts or touches the inmate’s genitals or breasts.
  • A nurse who performs sexual acts on a patient who is under his or her care or who is mentally incapacitated.
  • A counselor who exploits the trust and vulnerability of a resident of a youth facility or a mental health institution and engages in sexual contact with him or her.
  • A probation officer who abuses his or her power and demands sexual favors from a parolee in exchange for leniency or favorable treatment.

  These are just some of the possible scenarios that could constitute institutional sexual assault. The key factor is that the offender has some form of authority or control over the victim, and the victim is unable to consent or resist due to the nature of the relationship or the setting.

  Why You Need to Hire an Attorney as Soon as Possible

  Institutional sexual assault is a serious charge that can have devastating consequences for your personal and professional life. If you are facing this charge, you need to hire an attorney as soon as possible. Here are some of the reasons why:

  • An attorney can protect your rights and advise you on what to do and what not to do during the investigation and the legal process. For example, your attorney can advise you on whether to talk to the police, the media, or the accuser, and what to say or not to say.
  • An attorney can help you obtain bail or reduce your bail amount, if you are arrested and detained. Your attorney can also help you request a preliminary hearing, where he or she can cross-examine the prosecution’s witnesses and challenge the evidence against you.
  • An attorney can negotiate with the prosecution to seek a plea bargain, where you may be able to plead guilty to a lesser charge or receive a reduced sentence in exchange for your cooperation or admission of guilt.
  • An attorney can prepare a strong defense strategy for your trial, where he or she can present evidence and witnesses in your favor, cross-examine the prosecution’s witnesses and evidence, and make persuasive arguments to the judge and the jury.
  • An attorney can appeal your conviction or sentence, if you are found guilty or if you are unhappy with the outcome of your trial. Your attorney can file a motion for a new trial, a motion to vacate the judgment, or an appeal to a higher court, depending on the circumstances of your case.

  • Examples of Institutional Sexual Assault

    Some examples of institutional sexual assault are:

    • A teacher who has sexual intercourse, oral sex, or fondles a student who is under his or her supervision.
    • A prison guard who coerces or forces an inmate to engage in sexual acts or touches the inmate’s genitals or breasts.
    • A nurse who performs sexual acts on a patient who is under his or her care or who is mentally incapacitated.
    • A counselor who exploits the trust and vulnerability of a resident of a youth facility or a mental health institution and engages in sexual contact with him or her.
    • A probation officer who abuses his or her power and demands sexual favors from a parolee in exchange for leniency or favorable treatment.

    These are just some of the possible scenarios that could constitute institutional sexual assault. The key factor is that the offender has some form of authority or control over the victim, and the victim is unable to consent or resist due to the nature of the relationship or the setting.

Levels of Offenders

There are four different types of Institutional Sexual Assault, each of which is governed under a separate Pennsylvania statute.

• Institutional Sexual Assault
• Institutional Sexual Assault of a minor
• Institutional Sexual Assault at a school
• Institutional Sexual Assault at a childcare facility

All of these are charged as third-degree felonies, however under Megan’s Law, the classification or tier or sex offender will be dependent upon the specific crime the offender has been convicted of. Tier I offenders are those who are convicted of Institutional Sexual Assault.

These offenders are required to register each year for a period of fifteen years. Tier II offenders are those convicted of Institutional Sexual Assault at a school or Institutional Sexual Assault at a childcare facility. This level of offender must register every six months for a period of twenty-five years. Tier III offenders are those who have been convicted of Institutional Sexual Assault of a Minor under the age of 18. This level of offender must register every three months for the remainder of his or her life.  

Potential Defenses to Institutional Sexual Assault

If you are accused of institutional sexual assault, you need to act quickly and seek legal representation. A skilled and experienced criminal defense attorney can help you fight the charges and protect your rights. Some of the potential defenses that your attorney may use are:

• Lack of evidence: The prosecution must prove beyond a reasonable doubt that you committed the offense. If there is insufficient or unreliable evidence, such as witness testimony, physical evidence, or surveillance footage, your attorney may challenge its validity or admissibility in court.
• False accusation: Sometimes, the accuser may have ulterior motives for making a false allegation, such as revenge, jealousy, blackmail, or personal gain. Your attorney may investigate the accuser’s background, credibility, and behavior to expose any inconsistencies or contradictions in his or her story.
• Consent: Consent is not a defense to institutional sexual assault if the victim is under 18 years of age or if the offender is in a position of authority or supervision over the victim. However, if the victim is an adult and the offender is not in a position of authority or supervision over the victim, consent may be a valid defense. Your attorney may present evidence or witnesses to show that the sexual activity was consensual and that there was no coercion, force, or threat involved.

Defenses to Pennsylvania Institutional Sexual Assault

It is imperative you not take charges of institutional Sexual Assault lightly; your reputation can be left in shreds, and you can suffer severe damage to your career, your relationships, and your entire future. Many people make the mistake of assuming that because the accusations against them are false, their innocence of the charges will come to light and “save” them. Unfortunately, there are many people sitting in jails and prisons who are innocent of the crime they were convicted of. Aside from criminal penalties, a conviction for Institutional Sexual Assault can bring irreparable damage to careers and personal lives, and can even require the convicted person to register as a sex offender for a significant amount of time—possibly even for the remainder of the convicted person’s life.

Once you have a Pennsylvania criminal defense attorney defending your charges, he or she will look at the circumstances of your case in order to determine the most appropriate defense. Many sexual assault cases end up as a “he said/she said” scenario, and, unfortunately, juries tend to err on the side of caution, siding with the alleged victim. Your defense could be one of the following, although there are other defenses to the charges as well:

• Perhaps you have an alibi which puts you in another location at the time the alleged crime occurred. This would clearly make you innocent of the charges against you, making your guilt a physical impossibility.
• You may be the victim of false accusations. There are many reasons some people choose to make up a story against another person. The motivation could be straight up revenge for a real or imagined slight, financial extortion, or a way to cover up an incident of consensual sex.
• You could be the victim of an illegal search and seizure. This can occur when electronic communications you sent or received were collected as forensic evidence, but that evidence was illegally obtained.
• Your attorney could show you engaged in the alleged conduct as a result of coercion, use of unlawful force or the threat of unlawful force which you were unable to resist.
• In some cases, particularly those involving young children, tainted evidence may be a defense if the adults or authorities coerced a false accusation against you through biased or suggestive questioning tactics.

The moment you are charged with Institutional Sexual Assault in the state of Pennsylvania, you must take immediate action. Your reputation at work and at home, your liberty, and your future are all at stake, and it is crucial you speak to an experienced, knowledgeable Pennsylvania criminal defense attorney. You need an attorney who will actively seek the best options and the best strategy with a goal of ensuring the very best outcome on your behalf.

Why You Should Contact Lee Ciccarelli and His Team

If you are accused of institutional sexual assault in Pennsylvania, you need a legal team that combines experience, dedication, and a proven track record. Lee Ciccarelli and his team at Ciccarelli Law Offices are your trusted advocates. Here’s why we’re the best choice for your case:

• We have over 30 years of experience in handling criminal defense cases, including sexual offenses, in Pennsylvania. We know the law, the courts, the judges, and the prosecutors. We know how to navigate the complex and challenging legal system and achieve the best possible results for our clients.
• We are passionate about defending our clients’ rights and interests. We treat our clients with respect and compassion, and we are always honest, upfront, and devoted to their best interests. We listen to our clients’ needs and concerns, and we communicate with them regularly and clearly throughout the process.
• We have a team of aggressive, talented, and skilled attorneys who work together to provide comprehensive and effective representation for our clients. We have the resources, the knowledge, and the expertise to handle any type of criminal case, no matter how serious or complicated. We are not afraid to take your case to trial, if necessary, and we are prepared to fight for you every step of the way.
• We have a history of success and a reputation for excellence. We have successfully represented over 15,000 clients during our 30 years of practice, and we have obtained favorable outcomes in numerous high-profile and felony cases, including victories in sexual assault, rape, and child abuse cases. We have received numerous awards and recognitions from our peers and clients, such as being named among the Top 100 Criminal Defense Attorneys in Pennsylvania, the Top 100 Trial Lawyers in America, and the Super Lawyers in Pennsylvania.

If you are facing institutional sexual assault charges in Pennsylvania, don’t wait any longer. Contact Lee Ciccarelli and his team today for a free consultation. We will review your case, answer your questions, and explain your options. We will fight for you and protect your future. Call us at (610) 692-8700 or visit our website at ciccarelli.com. We serve clients in the greater Philadelphia area, including Chester County, Lancaster County, Delaware County, Montgomery County, and Berks County. We are driven to serve, ready to fight, and success is our mission.

Contact Our Pennsylvania Sexual Assault Defense Lawyers

If you have been charged with institutional sexual assault in Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney in order to ensure your rights are protected and your future holds some hope.

The West Chester defense attorneys at Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. Contact our office now for questions or for a free case evaluation at (610) 692-8700 or call toll free (877) 529-2422.

Pennsylvania Institutional Sexual Assault

State and county employees in the Commonwealth of Pennsylvania are held to a higher standard than their counterparts in the private sector. The agents or employees of certain institutions can face extremely serious criminal charges for engaging in sexual intercourse or indecent contact with the people they are responsible for dealing with.

Convictions in these types of cases have the potential to cause damage that extends far beyond just a fine and prison sentence. People can suffer irreparable damage to their careers and personal lives, as being convicted of this type of sexual assault may require an alleged offender to register as a sex offender for several years—possibly even the remainder of their lives.  If you are facing institutional sexual assault charges in Pennsylvania, including metro Philadelphia and suburban West Chester PA, contact the experienced team at Ciccarelli Law Offices immediately.

Institutional Sexual Assault Lawyer in West Chester, PA

Have you been charged with or do you believe that you are being investigated for allegedly engaging in sexual intercourse or indecent contact with a student, inmate, or other resident in West Chester, PA? It is in your best interest to make sure that you have legal counsel before you make any type of statement to police or investigators.

The sex offense defense attorneys in Chester County, PA, at Ciccarelli Law Offices work as a team to defends clients throughout Southeastern Pennsylvania against these charges. Our firm serves communities in Delaware County, Montgomery County, Lancaster County, and Philadelphia County as well as Chester County. Call (610) 692-8700 right now to have us review your case during a free, confidential consultation.

Serious Impact of Sexual Assault Allegations

Any type of sexual assault charges in the state of Pennsylvania are extremely serious. In addition to the crime of general sexual assault, there are specific categories of Pennsylvania sexual assault—statutory sexual assault and institutional sexual assault. Statutory sexual assault occurs when a person engages in sexual intercourse which is not a rape, with a person under the age of 16. If the two are married, then statutory sexual assault does not apply. 

Institutional sexual assault is more thoroughly defined under Pennsylvania Statutes, Section 3124.2, however the crime essentially occurs when certain employees of specific institutions engage in sexual intercourse, indecent contact or deviate sexual intercourse with a ward of the institution. Teachers and coaches in particular are often the target of Institutional Sexual Assault charges, although there are many more who can face the same charges. The list of those who qualify under this statute is exhaustive, and includes the following:

·     Any employee of the Department of Corrections;

·     Teachers;

·     Teacher’s aides and substitute teachers;

·     School principals, vice-principals and assistant principals;

·     Any employee of a licensed, residential facility which serves children and youth;

·     Any juvenile detention officer or other employee of the facility;

·     Youth forestry camp employees;

·     Youth development center employees;

·     School secretaries, counselors, librarians and nurses;

·     School bus drivers;

·     School coaches;

·     School cafeteria workers;

·     Any other school district employees;

·     Employees of daycare centers;

·     Home daycare employees, and

·     Employees of boarding homes. 

In order to be charged with Pennsylvania institutional sexual assault, the employee of the institution must commit the crime of sexual assault with a ward of that specific institution. In other words, an employee of the Pennsylvania Department of Corrections would not be charged with institutional sexual assault for committing the offense against a minor enrolled in a summer forestry camp (although he or she would be charged with another type of sexual assault). 

The underlying theory behind Pennsylvania institutional sexual assault charges is that state and county employees in the Commonwealth of Pennsylvania are held to a higher standard than those in the private sector. These state and county employees are responsible for their charges, therefore a sexual assault against a ward of the facility is a breach of that responsibility and, in the case of minors, the trust placed in the facility by the parents of the minors. 

The Four Types of Institutional Sexual Assault

There are four separate types of Pennsylvania institutional sexual assault, with each of them classified as a third-degree felony.There are four different types of this crime. Each one of the following is classified as a third-degree felony:

• Institutional Sexual Assault — Under 18 Pa.C.S. § 3124.2(a), a person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution can be charged with this offense if he or she engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient, or resident.

• Institutional Sexual Assault of a Minor — Under 18 Pa.C.S. § 3124.2(a.1), this statute applies to employees or agents of the same institutions listed above but the inmate, detainee, patient, or resident is under 18 years of age.

• Institutional Sexual Assault at a School — Under 18 Pa.C.S. § 3124.2(a.2), a person who is a volunteer, an employee of a school, or has direct contact with a student at a school can be charged with this offense if he or she engages in sexual intercourse, deviate sexual intercourse, or indecent contact with a student of the school.

• Institutional Sexual Assault – Child Care — Under 18 Pa.C.S. § 3124.2(a.3), a person who is a volunteer or an employee of a center for children can be charged with this offense if he or she engages in sexual intercourse, deviate sexual intercourse, or indecent contact with a child who is receiving services at the center.

Penalties Associated with a Conviction for Institutional Sexual Assault

A conviction for any of the above criminal offenses can result in a fine as much as $10,000, and a maximum prison sentence of seven years. Under Megan’s Law, the conviction could also result in the necessity to register as a sex offender. There are three tiers of potential sex offender registry:

·     If you are convicted of Institutional Sexual Assault, you are considered a Tier I Offender, and will be required to register every year for a period of 15 years;

·     If you are convicted of Institutional Sexual Assault at a School, or Institutional Sexual Assault Child Care, you will be considered a Tier II Offender, and will be required to register every six months for a period of 25 years, and

·     If you are convicted of Institutional Sexual Assault of a Minor, you will be considered a Tier III Offender and will be required to register every three months for life.

Potential Defenses to the Crime of Institutional Sexual Assault

If you have been charged with institutional sexual assault in the state of Pennsylvania, your criminal defense attorney will determine the best defense for you, based on the circumstances of the offense. Some of the more common defenses used against charges of institutional sexual assault include

• Alibi — There is evidence that the alleged offender was in another location at the time of the alleged crime, making his or her guilt a physical impossibility.

• Duress — The alleged offender engaged in the conduct charged because he or she was coerced to do so by the use of, or a threat to use, unlawful force against his or her person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

• False Accusations — Alleged victims sometimes concoct stories for a variety of reasons, including possible financial extortion, personal revenge, or as a way of attempting to cover up otherwise consensual sex.

• Illegal Search and Seizure — In these types of cases, electronic communications such as emails or text messages (including so-called “sexting” and photos sent through cell phones) may be collected as forensic evidence, but such evidence may be suppressed if law enforcement obtained it illegally. 
• Tainted Evidence — In cases involving particularly young children, authorities or other adults may induce false confessions through biased or suggestive questioning.

Pennsylvania Resources for Institutional Sexual Assault

The Crime Victims’ Center of Chester County, Inc. (CVC) — This private, community-based, nonprofit 501(c)(3) comprehensive victim services agency is the designated provider of services to sexual violence victims for Chester County. On this website, you can learn more about recent CVC news items, upcoming events, services, and submit a volunteer application. There is also a “Survivors’ Space” that contains personal stories as well as other resources for victims.

135-137 West Market Street
West Chester, PA 19382
(610) 692-1926

Pennsylvania Office of Victim Advocate (OVA) — Created in 1995 as part of then-Governor Tom Ridge’s Special Session on Crime, the OVA provides victims of sex crimes with notifications, support, and advocacy services. It notifies victims when offenders are eligible for release from prison or parole, helps victims craft oral or written impact statements to be given to decision-making boards, and notifies victims of final decisions. On this website, you can learn more about crime victims’ rights, OVA services, and the various programs offered by the OVA.

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Find a Lawyer for Institutional Sexual Assault Issues in West Chester

If you are an employee at a state or county institution in Pennsylvania who has been accused of engaging in sexual intercourse, deviate sexual intercourse, or indecent contact with one of the residents of the institute, you should not delay in seeking legal representation. Even if you are completely innocent, you should avoid saying anything to authorities without having your own attorney present.

Ciccarelli Law Offices aggressively clients from all over Southeastern Pennsylvania in these types of cases. Our firm has offices in West Chester, Plymouth Square, King of Prussia, Malvern, Kennett Square, Radnor, Lancaster, and Philadelphia.

Our lawyers will work as a team to help you achieve the most favorable possible outcome to your case. You can have our Chester County sex offense attorneys provide a thorough evaluation of your case when you call (610) 692-8700 today to schedule a free initial consultation.

Although institutional sexual assault is a serious problem, many employees of a school, jail, correctional facility or daycare are the target of false accusations which can stem from retaliation or revenge, a dislike of the employee or the employee’s rules, or a general disdain for authority figures. If you have been charged with institutional sexual assault, call a Pennsylvania criminal defense attorney today. 

The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.