Philadelphia Rape Lawyer
Being accused of rape is tantamount to being accused of murder when it comes to your reputation. Once rape allegations have been made against you, your entire world could fall apart. Not only could your family turn their backs on you, but you could lose your professional license, be terminated from your place of employment, and be charged criminally. If you are under investigation or arrested on suspicion of rape, it has never been more important for you to protect your future.
Turning to a high-powered Philadelphia rape lawyer may be your best option if someone has made false allegations against you. Ciccarelli Law Offices defends the accused and protects the innocent. Our team will scrutinize the evidence to determine which defense strategy is the best approach in your case. Consult our leading Philadelphia sex crimes lawyer to clear your name of these serious charges. Contact our law office to request a confidential consultation today and learn more about the possible penalties you could be facing, the evidence against you, and what your next steps should be.
Rape is One of the Most Serious Crimes You Can Be Accused Of
You can be charged with rape if you are accused of forcing sexual intercourse on someone else without their consent, according to 18 Pa. C.S. § 3121. This is one of the most serious crimes you can be accused of in the Commonwealth of Pennsylvania. Rape charges may apply if law enforcement officials believe that you:
- Engaged in sexual intercourse with someone who had a mental disability
- Engaged in sexual intercourse while preventing someone from resisting with the threat or use of force
- Engaged in sexual intercourse with someone who was heavily incapacitated by alcohol or drugs
- Engaged in sexual intercourse with someone unaware or unconscious
Generally, rape is considered a first-degree felony. If you are convicted, you could spend up to $25,000 in fines and as much as 20 years in prison. If the alleged victim is under the age of 13, you could spend up to 40 years in a Pennsylvania state prison.
Philadelphia Rape FAQ
Is There a Statute of Limitations on a Rape Charge?
Many factors will determine how long the statute of limitations is for a rape offense. While the statute of limitations for most misdemeanors may be two years under 75 Pa. Chapter 55, there are predetermined statutes of limitations for certain types of sex crimes. In case of rape, under section 3121, the prosecutor has a maximum of 12 years from the date of the alleged offense to file formal rape charges against you.
However, the statute of limitations is much longer if the alleged victim in your case is a minor under the age of 18. In this case, the statute of limitations would not begin counting down until the child reaches the age of 18. It would then expire when the alleged victim turns 55 years old under 75 Pa. C.S. § 5552(c)(3). This means prosecutors have considerably longer to file charges that relate to sexual abuse and rape, and can even bring forward charges decades later.
What Happens if I am Falsely Accused?
If you are falsely accused, we will need to introduce evidence that supports your claims that the alleged victim is making false claims. For example, we may be able to introduce communication exchanges via text messages, social media posts, or telephone recordings to corroborate your version of events. We may also have video footage or images that help demonstrate that the allegations against you are false.
The individual who makes false accusations could also be charged with a second-degree misdemeanor under 18 Pa. C.S. 4906. If convicted, according to 30 Pa. C.S. 923(a)(6), not only could their reputation be destroyed, but they could spend up to two years in prison and pay up to $5,000 in fines.
How Should I Defend Myself if I Have Been Accused of Rape?
Your defense strategy is essential if you have been accused of a crime as serious as rape. Prosecutors may be less willing to offer plea agreements, and you will generally not qualify for pre-trial diversion, as these are typically reserved for first-time, nonviolent offenders. If your case must go to trial, there are multiple defenses that could be used, including:
- Actual innocence
- There was no threat or use of force
- False accusations
- The alleged victim consented
- Unlawful search and seizure
- The alleged victim was not under duress at the time of the offense
- Tainted testimony
- Mental incapacity
- Unscrupulous motivation
- Extortion
Can a Rape Charge Be Expunged in Philadelphia?
Although you may have hoped to have your rape conviction expunged, you will be disappointed to learn that you will not qualify for expungement with a rape conviction on your record. You may be able to get your record expunged if you were acquitted, the charges against you were dismissed, or formal charges were never filed. This means if you are found guilty, the conviction will remain on your criminal record indefinitely.
What is the Romeo and Juliet Defense?
The Romeo and Juliet law protects minors who participate in consensual sexual conduct with another teen. This defense may allow teens to avoid prosecution for a serious sex crime, such as statutory sexual assault under 18 Pa. C.S. § 3122.1. The law only protects teens who are at least 13 years old. One teen cannot be more than four years older than the other. However, according to the Pennsylvania Coalition Against Rape (PCAR), the age of consent in Pennsylvania is still 16, so defendants engaging in consensual sexual conduct with someone under the age of consent may still be at risk for criminal charges.
Craft a Strategic Defense With an Experienced Philadelphia Rape Attorney On Your Side
Rape allegations are some of the most serious types of accusations you can face. Whether a former sexual partner has made false rape claims against you or your identity was mistaken, the right Philadelphia rape lawyer could help you avoid the harsh penalties of a conviction. With Ciccarelli Law Offices handling your defense, you can feel confident going into plea negotiations with the prosecutor or defending your case at trial.
Our Philadelphia criminal defense lawyers are prepared to challenge the state’s evidence against you, get unlawfully obtained evidence suppressed, and ensure the jury recognizes reasonable doubt in your case. Do not risk imprisonment and sex offender registration by having an overworked public defender handle your defense. Fill out our secured contact form or call our law office to schedule a confidential case evaluation as soon as today.