Facing a statutory rape charge in Pennsylvania is a serious matter. The law is clear that sexual activity with a minor is illegal, but what if you were unaware of the minor’s age? Could you have a defense? The legal system provides for situations where a defendant can prove they had no intention to commit the crime because they were mistaken about a key fact – in this case, the age of the minor.
Mistake of Fact Defense
The “mistake of fact” defense arises when a defendant can show they had a reasonable belief that the minor was of legal age. In Pennsylvania, this defense is typically difficult to establish because statutory rape is a strict liability crime, which means the intent or knowledge of the defendant is usually irrelevant. However, if you can demonstrate you had a legitimate and reasonable belief that the minor was above the age of consent, this can be a strong point in your defense.
Minor’s Misrepresentation
Evidence that the minor misrepresented their age can also bolster your defense. If the minor provided a fake ID or lied about their age, and their appearance supported the misrepresentation, you may have grounds to claim you had no reason to doubt the minor’s age.
Lack of Evidence or Intent
A critical element in the prosecution of any crime is proving intent. In the case of statutory rape, if you can show there was no evidence or intent to engage in sexual activity with someone you knew or should have known was a minor, this lack its strength, given that statutory rape in Pennsylvania doesn’t require showing intent to engage in sexual activity with a minor.
Due Diligence
Finally, demonstrating due diligence—efforts made on your part to ascertain the true age of the minor—can support your innocence. Proof that you asked the minor their age, attempted to verify their identity, or had reason to believe they were above the age of consent can be significant. This helps establish that you were not negligent and took reasonable steps to avoid engaging in illegal activity.
Conclusion
If you’re facing a statutory rape charge in Pennsylvania and did not know the age of the minor, a successful defense is challenging but not impossible. You would likely need to rely on demonstrating a reasonable belief that the minor was of legal age, coupled with their misrepresentation of age, and a lack of evidence showing intent to engage in sexual activity with a minor.
It’s essential to consult with an experienced criminal defense attorney who can analyze the specific facts of your case, advise you on the strength of a “mistake of fact” defense, and represent you vigorously in court. Proper legal representation is critical in navigating the complexities of the law and in seeking a favorable outcome.
West Chester Pennsylvania Sex Crimes Lawyer
It may be possible to fight your Pennsylvania Sex Crimes charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge.
We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with serious Sex Crime charges including but not limited to Sexual Assault, Aggravated Sexual Assault, Statutory Sexual Assault, IDSI, Involuntary Deviant Sexual Intercourse, Indecent Assault, Indecent Exposure, Child Pornography, Rape, Statutory Rape, Corruption of Minors, Child Molestation and Illegal Contact with a Minor throughout Pennsylvania including but not limited to
Philadelphia, Lancaster, Allentown, Oxford, Exton, Phoenixville, Parkesburg, Malvern, Coatesville, Lionville, Chesterbrook, Devon, Newtown Square, Berwyn, Wynnewood, Villanova, Glen Mills, Concordville, Pottstown, Downingtown, Kennett Square, Chadds Ford, King of Prussia and beyond.
You deserve a West Chester Pennsylvania Sex Crimes Lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania Sex Crime Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.