Involuntary Deviant Sexual Intercourse Attorney West Chester
Felony charges of involuntary deviate sexual intercourse can be filed on a person in the state of Pennsylvania who engages in some form of deviate sexual intercourse with another person through the use of forcible compulsion. While the offense of involuntary sexual deviate intercourse is similar to sexual assault or rape, it covers more sex acts, and like sexual assault or rape charges, the repercussions are extremely serious. If you are facing Pennsylvania charges of involuntary deviant sexual intercourse or IDSI, contact the Ciccarelli law team immediately.
Involuntary sexual deviate intercourse charges are much more expansive than those for rape. Involuntary sexual deviate intercourse covers sexual intercourse with an animal, penetration with a foreign object, and penalizes forcible anal and oral sex, but not traditional vaginal intercourse—which is covered under the rape statutes. Therefore, if anal or oral intercourse by forcible compulsion is alleged, the prosecutor can decide whether to charge under the rape statute or the IDSI statute, but cannot charge both at the same time.
What You Face If Convicted of Involuntary Deviant Sexual Intercourse
If convicted of IDSI, you could face a lengthy prison sentence, an extremely high fine, and you will be required, under Megan’s Law, to register as a sex offender, potentially for the remainder of your life. While all the penalties are severe, being on the sexual offender’s registry can prevent you from moving ahead in your life once you have served your sentence for the offense.
Further as you can imagine, such charges carry a stigma with them which can completely destroy your reputation, end your career and threaten your family. There are three types of IDSI you could be charged with including, involuntary deviate sexual intercourse, involuntary deviate sexual intercourse with a child and involuntary deviate sexual intercourse with a child with bodily Injury. All three of these crimes are first-degree felony offenses, and occur when sexual intercourse is committed:
- Through forcible compulsion
- On a person who suffers from a mental disability
- Through the threat of forcible compulsion which prevents resistance
- On a person who is unconscious
- On a person with whom you know is unaware that sexual intercourse is occurring
- On a person who is less than 16 years old when you are four or more years older than that person and the two of you are not married
- On a person whose power to control his or her conduct has been impaired by you, through the use of intoxicants, drugs, or any other means of preventing resistance.
Penalties Associated with Involuntary Deviate Sexual Intercourse
If you are convicted of involuntary deviate sexual intercourse, you could face up to twenty years in prison, or, if you administered a date rape drug to the victim, rendering them powerless to resist the IDSI, then you have an additional ten years added to your sentence.
If you are convicted of involuntary deviate sexual intercourse with a child (the victim is less than 13 years old), you could face up to forty years in prison. If you are convicted of involuntary deviate sexual intercourse with a child (the victim is less than 13 years old) with bodily injury, you could face life in prison.
Requirement to Register as a Sex Offender for Life
If you are convicted of involuntary deviate sexual intercourse, you will also be required to register as a sex offender for the remainder of your life. You will be considered a Tier III offender—the worst type—and will have to report to a State Police office in your area every three months to have your photo taken and update any personal information. If your personal information changes at any other time, you will have three days to report the change. This can include a change in where you live, a change in the vehicle you drive, a change in your telephone number, a change in your place of employment, a change in your educational status, or any significant changes in your personal appearance. If you do not have a permanent address, you must register in person once a month until you do have a permanent address.
What if You Have Been Charged with Involuntary Deviate Sexual Intercourse?
There are situations in which you could be accused of involuntary deviate sexual intercourse by someone who is angry with you, or wants revenge for something else you may or may not have done. You and the alleged victim may have both been under the influence of drugs or alcohol, therefore you were not aware there was no consent involved in the sexual intercourse act. Such charges could also be the result of a misunderstanding. Whether you committed the crime or not, it is imperative that you contact a highly experienced Pennsylvania criminal defense attorney immediately.
You will likely be held in jail overnight; during your arrest and your night in jail, take your right to remain silent seriously. Politely refuse to answer any and all questions, other than giving your name and address. Then tell the officer you cannot answer any questions until you have contacted an attorney. If necessary, tell them the same thing, over and over, but don’t be tricked into answering even one question, and don’t think if you just “explain,” you will be allowed to go home. No matter what you say, it will be taken out of context and used against you—hence the Miranda Warning you were given.
Your Pennsylvania criminal defense attorney will discuss your case with you, confidentially, then will determine the best way to minimize the potential outcome of your charges. If you have been falsely accused, your attorney will determine how best to discredit your accuser, or, if you did commit the crime, your attorney will build the best defense possible on your behalf. There may be evidence available which can prove your claims, or there may be obvious contradictions in the alleged victim’s story. Whatever the situation, your attorney will zealously defend your rights, and understands that any type of sexual offense charge can alter your life forever.
Contact Our West Chester Sexual Assault Lawyers
If you have been charged with sexual assault in Pennsylvania, it is crucial you speak to an experienced criminal defense attorney in order to ensure your rights are protected and your future holds some hope.
The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault 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, 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.