Mental health issues can sometimes be considered in legal defenses, including cases of sexual assault. However, it’s important to note that the admissibility and effectiveness of such a defense vary greatly depending on the jurisdiction, the specific circumstances of the case, and the severity of the mental health condition in question.
In the case of Pennsylvania, as with most states in the United States, defendants might attempt to argue one of two types of mental health defense:
- Insanity Defense:
The insanity defense is traditionally used to argue that the defendant was unable to understand the nature or wrongfulness of their actions due to a severe mental disease or defect at the time of the offense. Pennsylvania’s legal standard for insanity follows the M’Naghten Rule, which focuses on whether the defendant knew the nature and quality of the act or if they knew it was wrong.
- Diminished Capacity:
Diminished capacity is a partial defense that may be raised to suggest that the defendant, due to mental illness or defect, was unable to form the specific intent required for the commission of a particular offense. While Pennsylvania recognizes the notion of diminished capacity, it is generally applicable to specific intent crimes and might not be relevant to all sexual assault charges.
It’s essential to note that successfully asserting a mental health defense in cases of sexual assault is challenging:
- Burden of Proof:
The defense carries the burden of proving, typically by “clear and convincing evidence,” that at the time of the crime, the defendant was suffering from a mental disorder that meets the given state’s standards for using such a defense.
- Expert Testimony:
Expert witnesses, usually in the field of psychiatry or psychology, are vital to presenting a mental health defense. These professionals must examine the defendant and provide testimony supporting the claim that the defendant’s mental condition prevented them from understanding their actions or controlling their behavior.
- Consequences:
Even if a mental health defense is successful, the defendant may not be simply released. Instead, they could be committed to a mental health facility for treatment until they are no longer deemed a threat to themselves or others.
For a definitive answer on whether a mental health defense is viable for a sexual assault charge in Pennsylvania, one should consult with a licensed attorney experienced with criminal defense cases in that state. Each case is unique, and defense strategies must be tailored to the specifics of the individual situation. Legal counsel can provide guidance on the best defense approach and the likelihood of success given the particular facts of the case.
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.