Philadelphia Date Rape Lawyer

If you have been accused of date rape, your freedom is in jeopardy. Being accused of engaging in sexual intercourse with someone without their consent carries harsh criminal penalties and could destroy your reputation. Even if you are ultimately acquitted, the allegation that you committed date rape could permanently alter the course of your life.

It is imperative that you take these charges seriously. Working with a strategic Philadelphia date employer from Ciccarelli Law Offices may be the best way for you to clear your name and safeguard your future. Connect with our Philadelphia criminal defense attorneys to learn more about whether the state has a strong case against you, which defense strategies are most viable in your case, and what to expect as you navigate the Pennsylvania criminal justice system.

When You Can Be Charged With Date Rape in Philadelphia 

According to 18 PA C.S. § 3121(a), date rape involves engaging in sexual intercourse with another party without their consent. The alleged victim may have been unconscious, intoxicated, incapacitated, or drugged. While there is no specific statute that discusses date rape, it falls under the rape statute and is therefore considered a first-degree felony. 

For the prosecutor to secure a conviction, they must prove that the elements of the offense have been met. This does not necessarily mean that there must have been a use of threat or force either. If the state can prove that you engaged in sexual intercourse with someone who was unable to or did not give their consent, date rape charges may apply. If you are found guilty of committing rape involving intoxicants, as often occurs in date rape cases, you could spend up to 30 years in prison and pay up to $125,000 in fines.

Philadelphia Date Rape FAQ

Can a date rape conviction be expunged?

Generally, if you are convicted of date rape, which can be considered rape or sexual assault, you will not be eligible for record expungement under 18 PA C.S. § 9122. This means your criminal conviction will remain on your record indefinitely. However, there are some instances in which you might qualify for expungement.

For instance, if you were arrested on suspicion of date rape but no formal charges were filed against you, the arrest could be expunged from your record. If you were charged but acquitted or the date rape charges against you were dismissed, you may also be eligible for expungement. However, most sex offenses and violent crime convictions are not eligible for expungement unless pardoned by the governor or US president.

Will I get bail if I am accused of date rape?

Your ability to get out on bail depends on how the judge views the specific circumstances of your case. During arraignment, you will be able to enter your plea, and your Philadelphia sex crimes lawyer will be able to request bail. The judge is going to look at your community ties, the seriousness of the date rape charges against you, your criminal record, and other factors to determine whether bail should be granted and, if so, how much it should be set at.

It is unlikely you will be released on your own recognizance (ROR) if you are accused of rape. This means you should be prepared to post bond if you hope to get back to your family sooner. However, if you cannot afford the bond set by the judge, you will need to remain incarcerated at least until your court date or longer.

What does “beyond a reasonable doubt” mean?

“Beyond a reasonable doubt” is a legal term describing the burden of proof in criminal cases. As discussed by Amdt14.S1.5.5.5 of the United States Constitution, the prosecutor must prove your guilt beyond a reasonable doubt to secure a conviction. This means the jury must be convinced that you are the only party who could have committed the date rape in question. 

While you should not be convicted unless your guilt has been proven beyond a reasonable doubt, the court system may not see you as innocent until proven guilty. Your Philadelphia rape defense lawyer will need to introduce powerful supporting evidence that clearly introduces the reasonable doubt needed to secure an acquittal or other favorable outcome.

Is there a statute of limitations on date rape in Philadelphia?

Yes. There is a statute of limitations for most criminal charges under Pennsylvania law. Per 42 PA C.S. 55, date rape, a subset of a rape offense, has a 12-year statute of limitations. This means the district attorney has as much as 12 years from the date the alleged date rape occurred to file criminal charges against you.

However, it is important to know that this statute of limitations only applies to adult victims. If the alleged victim in your case was under the age of 18 at the time of the date rape, there is no statute of limitations for criminal charges. This means charges could be filed decades after the alleged offense occurred.

Will I need to register as a sex offender if I am convicted?

Yes, you will more than likely be ordered to register as a sex offender if you are convicted of date rape. If ordered by the court, you will be designated a tier classification. This will determine how long you will need to continue registering on the Pennsylvania Sex Offender Registry and Notification Act (SORNA) as described by Megan’s law.

Turn To a Respected Philadelphia Date Rape Attorney for Help Today

When you are facing charges as serious as date rape, presenting a powerful defense strategy is not an option, but a necessity. We need to prove your innocence or present evidence that introduces reasonable doubt if we are going to protect your future. If you are convicted, the collateral consequences may continue to haunt you for the rest of your life.

Take your criminal defense strategy seriously. Meet with a high-powered Philadelphia date rape lawyer from Ciccarelli Law Offices to get the legal support you need when you need it most. With over 100 years of combined legal experience, you can feel confident with our team handling your defense. Learn more about whether it is in your best interest to accept a plea agreement or defend your case at trial when you contact our office for a confidential consultation. You can reach us through our secured contact form or by phone to get started as soon as today.