Chester County Rape Defense Lawyer

Are you facing criminal charges for rape or date rape in Chester County PA? Then speak to a Pennsylvania Criminal Defense Lawyer to defend your charges or arrest for the sex crimes of Rape or Date Rape in Chester County.

Rape is a very serious felony offense and a conviction of a rape in Pennsylvania must be based on the Commonwealth proving that a person engaged in sexual intercourse with another by 1) forcible compulsion; 2) by threat of forcible compulsion; 3) with a person who is unconscious or where the person knows that the other is unaware that sexual intercourse is occurring; 4) where the person has drugged the other person without that person’s knowledge; or 5) where the victim suffers from a mental disability which prevents that person from consenting.

Simply being accused of rape can have a profound impact on multiple aspects of the life of an alleged offender. When a person is charged with this crime as the result of false or exaggerated allegations, it is critical to have experienced legal representation capable of identifying all flaws with the evidence involved and challenging the validity of the criminal charges.

Lawyer for Rape Arrests in West Chester, PA

Do you believe that you could be under investigation or were you already arrested for an alleged rape in southeastern Pennsylvania? You should not say anything to authorities until you have contacted Ciccarelli Law Offices.

Our West Chester criminal defense attorneys represent clients accused of sex crimes all over Lancaster County, Chester County, Montgomery County, Delaware County, and the greater Philadelphia area. Call (610) 692-8700 today to have our lawyers review your case and answer all of your legal questions during a free consultation.

It is essential that a skilled attorney gets involved to dispute the Pennsylvania District Attorney’s evidence, their version of events, and the testimony of their witnesses. It is important that you do not make the mistake and give a statement to the police or Pennsylvania authorities before you have consulted and retained counsel.

Pennsylvania Rape and Involuntary Deviate Sexual Intercourse

If you are facing rape charges, charges of involuntary deviate sexual intercourse, or any other charges related to sexual assault in the state of Pennsylvania, immediate action is required. Pennsylvania laws treat sexual assault charges severely, therefore professional legal help is crucial. Sexual assault is a fairly broad term, used to describe a number of criminal charges, including rape, molestation, aggravated sexual assault, criminal sexual conduct and involuntary deviate sexual intercourse, among others. In general, sexual assault is defined as forcing an unwilling individual to engage in sexual acts, whether through real or threatened violence. The two charges this page deals with specifically are rape and involuntary deviant sexual intercourse.

Pennsylvania Rape Charges

Under Pennsylvania law, rape is defined as a felony of the first degree when sexual intercourse is engaged in with another person by: forcible compulsion, threat of forcible compulsion, on an unconscious person, on a person impaired by drugs, intoxicants or other means of preventing resistance or on a mentally disabled person who is incapable of consent. A first degree felony conviction for rape could result in up to 20 years in prison, while a conviction for a second degree felony conviction for rape could result in up to ten years in prison. A third degree felony rape conviction could result in up to seven years in prison. Fines as high as $100,000 could be assessed, particularly when the alleged perpetrator has significantly impaired the alleged victim’s power to control his or her conduct with a drug. The rape of a child under the age of 13 years is considered a first degree felony, as is the rape of a child with resulting serious bodily injury.

Involuntary deviate sexual intercourse in Pennsylvania

When considering certain involuntary sex acts the law once considered deviant (even between consenting adults), Pennsylvania’s involuntary deviate sexual intercourse statute serves as the sexual assault law a suspected perpetrator will be charged under. Under this statute it is a criminal offense to commit the acts listed below by force or threat of force or while a person is drugged, unaware of his or her surroundings or unconscious, disabled and unable to consent. The statute also applies to an alleged victim who is younger than sixteen when the alleged offender is older than nineteen and the two are not legally married.

Oral sex committed on a victim;
Anal sex committed on a victim;
Sexual penetration of a victim with a foreign object, and
Sexual acts with animals

Criminal penalties for this crime can include prison time for as many as twenty years. If the crime is committed with a child who is younger than the age of thirteen, the criminal penalties can be prison time for as many as forty years. If the child under the age of thirteen suffers serious injuries during the assault, a person convicted of the crime could face life in prison.

In the majority of Pennsylvania sexual assault cases, having an experienced criminal defense attorney by your side before the police have even filed a complaint can significantly reduce the likelihood of those charges being filed. This is called the pre-file investigation stage; many times those who are about to be charged with a criminal offense are at least aware charges are a possibility. Rather than wait until you have been charged, speak to a knowledgeable Pennsylvania criminal defense attorney immediately, and your chances of a better outcome increase exponentially. Detectives and state prosecutors do not take any accusation of sexual assault lightly, and neither should you. Every opportunity to trick you into saying something which could potentially incriminate you will be taken. Police officers, detectives and prosecutors are highly trained in interrogation techniques and will aggressively employ those techniques. It is extremely stressful and anxiety-producing to be charged with rape or involuntary deviate sexual intercourse—aside from the very serious criminal penalties associated with a conviction, you could face serious social stigma from those around you, you could lose your job or be unable to obtain another job, you could be unable to obtain a government student loan or a professional license and you could be required to register as a sex offender for a significant amount of time—or even for life.

What if You Have Been Falsely Accused?

Unfortunately, it is not all that uncommon for false charges of sexual assault to be filed. People do so for a variety of reasons, including revenge, anger and jealousy. In some instances a child may be persuaded by an adult to make up a story about a sexual assault. Ex-spouses, ex-boyfriends or girlfriends, those in the midst of a divorce, and those going through a contentious child custody case are people who face false accusations of sexual assault most often. Sometimes a person who accuses another of rape was a willing participant in the sexual activity but later felt guilty, therefore made false accusations of sexual assault against the other person. There can, in some cases, be a fairly thin line between consensual and non-consensual sex. Prosecutors and law enforcement are likely to err on the side of the alleged victim, as sexual assault is a very serious problem in our nation.

Potential Defenses to Rape or Involuntary deviate sexual intercourse

Of course the defense to your charges of rape or involuntary deviate sexual intercourse will depend entirely on the circumstances surrounding your case, however some of the more common defenses used in such cases include the following:

Actual innocence, perhaps backed up by a solid alibi—i.e. you could not have committed the crime because you can prove you were somewhere else at the time the crime was committed;
False accusations by the alleged victim;
The evidence in your case was illegally obtained;
Mistaken identity–the victim wrongly identified you as the perpetrator of the crime;
The sexual encounter was consensual, and
Insanity defense; you were mentally ill at the time and did not have capacity to control your actions.

Contact Our Pennsylvania Rape Defense Lawyers

If you have been charged with rape in Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney in order to ensure your rights are protected and your future holds some hope. Your Pennsylvania criminal defense attorney will work tirelessly to prevent charges of rape or involuntary deviate sexual intercourse from ever being filed, however if those charges have already been filed, your attorney will bring all his or her experience and knowledge to defend your charges.

The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of rape crimes. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Lancaster, Media, King of Prussia, Reading, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.

Overview of Rape Crimes in Chester County

Rape Charges in Pennsylvania

Under Pennsylvania Consolidated Statute § 3121, a person commits rape when he or she engages in sexual intercourse with an alleged victim:

By forcible compulsion;

By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

Who is unconscious or where the person knows that the alleged victim is unaware that the sexual intercourse is occurring;

Where the person has substantially impaired the alleged victim’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the alleged victim, drugs, intoxicants or other means for the purpose of preventing resistance; or

Who suffers from a mental disability which renders the alleged victim incapable of consent.

Rape Penalties in Chester County

Rape is generally classified as a first-degree felony in Pennsylvania punishable by up to 20 years in prison and a fine of up to $25,000. If an alleged offender substantially impaired the alleged victim’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the alleged victim, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance, a conviction is punishable by up to 30 years in prison and a fine of up to $100,000.

If the alleged rape victim is a child less than 13 years of age, a conviction is punishable by up to 40 years in prison. When an alleged victim is under 13 years of age and suffers serious bodily injury in the course of the alleged offense, a conviction could result in life in prison.

An experienced attorney can help identify the strongest possible defenses against rape charges. When an alleged victim of legal age consented to sexual intercourse or manufactures a rape claim, it may be possible to identify flaws in the allegations or use any other lack of evidence to possibly get the criminal charges significantly reduced or completely dismissed.

Pennsylvania Resources for Rape Victims

The Crime Victims’ Center of Chester County, Inc. (CVC) — The CVC is a private, community-based, nonprofit 501(c)(3) comprehensive victim services agency that is the only designated comprehensive victim advocacy agency in Chester County. On this website, you can learn more about the different services the CVC provides as well as some of its prevention and education programs. You can also find recent news, information about upcoming events, and a “survivors’ space” that features the stories of and resources for survivors of violent crimes such as rape.

Pennsylvania Coalition Against Rape (PCAR) — PCAR “partners with a network of rape crisis programs to bring help, hope and healing around issues of sexual violence to the Commonwealth of Pennsylvania.” On this website, you can find information about sexual violence relating to men, women, children, teens, and people who identify as lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ). You can also use an interactive state map to find specific locations closest to you for help with sexual violence issues.

Ciccarelli Law Offices | West Chester Rape Defense Lawyer

If you were arrested or think you might be under investigation for an alleged rape offense in southeastern Pennsylvania, it is in your best interest to not make any kind of statement to authorities without legal counsel. Ciccarelli Law Offices fights to protect the rights of clients throughout the greater Chester County area.

Our West Chester criminal defense attorneys have office locations in Malvern, West Chester, Springfield, Philadelphia, King of Prussia, Lancaster, Kennett Square, Radnor, and Plymouth Square. They can provide a complete evaluation of your case as soon as you call (610) 692-8700 or fill out an online contact form to schedule a free, confidential consultation.

Committed to Helping You Avoid the Worst Possible Scenario

While there are no guarantees in criminal defense law, understanding your rights and the legal options available to you can improve your chances when defending yourself from charges of rape. As a criminal defense attorneys serving Chester County and with years of experience in our criminal justice system, we understand how to negotiate with the court, how to identify questionable police conduct and suspicious testimony, and prevent clients from making certain kinds of mistakes.

When evidence and guilt is not in question, extenuating circumstances may convince the court to either reduce the charges against you or the sentence you face. As your Sex Crimes, Rape or Date Rape defense lawyers, we work with prosecutors in exploring alternative sentencing options when a plea of “guilty” may be in your best interest. In certain cases where provocation, a medical condition, or alcohol is involved, it may be possible to avoid jail or a heavy fine in exchange for a promise to get counseling, provide community service, and agree to probation.

You also need Chester County criminal lawyers both passionate in what they do and compassionate in their treatment of their clients. You deserve a Pennsylvania criminal defense lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. We make your choice all the clearer fighting for clients throughout Chester County. For more information or to schedule an appointment with an experienced Pennsylvania criminal defense lawyer, contact us at (610) 692-8700.