Philadelphia Marital Rape Lawyer

Some relationships can be contentious. But when your spouse makes marital rape accusations against you, your entire life could be affected. This goes beyond a minor argument. The consequences that will follow could have a devastating impact on virtually every aspect of your life. 

Take steps to protect your reputation and your future by trusting your defense to a high-powered Philadelphia marital rape lawyer from Ciccarelli Law Offices. For decades, our team has protected the innocent and defended the accused. Our compassionate but strategically aggressive Philadelphia rape defense lawyer is uniquely qualified to take on your defense strategy. Contact our firm today to schedule a confidential consultation.

Ciccarelli Law Offices Can Help You Protect Your Future 

When your spouse accuses you of marital rape, it can feel bewildering. You may be confused, upset, and taken by surprise. Not only do you need to worry about incarceration and other criminal penalties, but the collateral fallout could disrupt your personal and professional lives for the foreseeable future. You need a dedicated Philadelphia criminal attorney on your side who takes a balanced approach to your defense strategy. We do not necessarily want to go into a marital rape case aggressively, but there should be some compassion, creativity, energy, and, above all, confidence.

When you choose Ciccarelli Law Offices, you are getting a zealous legal representative who has decades of trial experience and an unmatched devotion to client advocacy. We recognize the challenges you may be facing, but our extensive insight into cases similar to yours gives us the edge we need to secure a favorable outcome. You should feel supported and heard during these difficult times. When you are looking for a criminal defense attorney who will fight tirelessly to protect your rights, reputation, and freedom, Ciccarelli Law Offices is here for you.

Pennsylvania Marital Rape Laws

There is no formal statute for marital rape in Pennsylvania. This offense is typically tried under the rape statute per 18 PA C.S.A. § 3121. You can face marital rape charges if you are accused of sexually assaulting or raping your spouse whether you have a separation order, separation agreement, or currently live together.

As defined under the statute, marital rape could involve engaging in sexual intercourse with your spouse by giving them alcohol, drugs, or something else to inhibit their ability to resist your advances or the threat or use of forcible compulsion. The language of the statute reads as follows:

“§ 3121.  Rape.

(a)  Offense defined.–A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  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.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.”

There is a five-year statute of limitations on marital rape and rape charges. The district attorney has a maximum of five years from the date the alleged incident occurred or the date the alleged victim or state learns of the perpetrator’s identity to file charges. If the statute of limitations expires but the prosecution has filed charges anyway, we may be able to file a motion to get your charges dismissed with prejudice as outlined in 234 PA Code Rule 600(D)(1).

Sentencing Guidelines for a Marital Rape Conviction in Philadelphia

There are different levels of spousal rape charges, and the extent of the charges against you will determine the possible penalties. However, other factors, including the nature of the offense, your criminal record, and whether other sexual assault complaints have been made against you could all have an impact on your sentence if you are convicted. According to the Pennsylvania sentencing guidelines, you could be facing the following criminal penalties:

• Rape – This is generally a first-degree felony as described under 18 PA C.S.A. § 3121. If you are convicted of rape as a first-degree felony, you could spend up to 20 years in prison, with up to 10 additional years in prison if the alleged victim is under the age of 13.
• Sexual assault – This is generally a second-degree felony under 18 PA C.S.A. § 3124.1. If convicted of sexual assault as a second-degree felony, you could spend up to 10 years in prison and be ordered to pay fines as high as $100,000.

Depending on the circumstances of your case, you could also be required to register as a sex offender as outlined under Megan’s Law. 

Consider Multiple Defense Strategies for the Most Favorable Outcome 

Choosing the right defense strategy is critical to the outcome of your case. In marital rape cases in particular, figuring out which defense is most likely to result in the acquittal or dismissal of your charges can be challenging due to the intimate nature of your relationship with the alleged victim. Some of the most common defenses your Philadelphia sex crime defense lawyer has used to challenge marital rape charges include:

• Your identity was mistaken for the perpetrator’s
• Law enforcement officials conducted an unlawful search and seizure
• Your constitutional rights were violated
• Your spouse made false allegations against you

In some cases, the prosecutor may offer a plea. It will be up to you to decide whether you are comfortable with a plea agreement. However, if you have a long criminal record, a history of sexual abuse, or the state’s case against you is particularly strong, accepting a plea may be in your best interest. In some cases, we may be able to get the charges against you dropped altogether, especially if the state’s case against you is weak or the prosecutor or law enforcement violated your civil rights or failed to follow proper procedure.

Consult a Respected Philadelphia Marital Rape Attorney for Help Today

The marital rape accusations against you may destroy your professional reputation and make it impossible for you to live your life normally. Clearing your name has never been more important. Make sure you have a reputable Philadelphia marital rape lawyer from Ciccarelli Law Offices protecting your freedom.

After reviewing the specific circumstances of your case, we will have better insight into whether working out a plea or defending your case at trial is in your best interests. Fill out our online contact form or call our office to schedule your confidential case review as soon as today.