Sexual Assault
West Chester – Chester County Pennsylvania Charges of Sexual Assault
Sexual Assault charges in Pennsylvania are relentlessly pursued by law enforcement. Because of this zeal and the social stigma that this offense carries, it can be difficult to defend yourself against this allegation. With jail time, fines, and a requirement to register as a sex offender as possible consequences of a conviction, you’re likely feeling overwhelmed by the uphill battle ahead of you.
Having an aggressive and experienced lawyer on your side is imperative in fighting these charges. An attorney who is familiar with Pennsylvania’s laws and the struggle that you face can take on this situation for you are reduce the stress on your shoulders. Fighting this charge is tiring and time consuming, but an attorney can proactively defend you against the charges that you face.
West Chester Sexual Assault Attorney
The attorneys of Ciccarelli Law Offices have taken on a range of sex crime cases across Pennsylvania, including sexual assault. With our experienced lawyer on your side, you stand a fighting chance of protecting your future. Let us take on this tough situation and put our experience to use on your behalf.
Call us today at (610) 692-8700 to schedule your free consultation appointment. We can analyze the details of your situation and give you an honest assessment of what you’re up against. Let us ease your mind by taking on the burden of your defense. We maintain open communication with each client and will keep you informed through every step of the complicated process ahead.
The laws related to sex crimes in the state of Pennsylvania are complex, breaking down the many sexual offenses based on the circumstances of the crime and the severity of punishment should a conviction occur. Sexual offenses in the state are first separated into misdemeanors and felonies, with felonies being much more serious crimes. Next, felony sexual offenses are broken down into first-degree, second-degree and third-degree crimes (third-degree being the least serious, and first-degree being the most serious). Sexual assault, or rape, is a first-degree felony under Pennsylvania Statutes, Title 18, Section 3124.1.
Definitions of Sexual Assault Charges in Pennsylvania
Pennsylvania law defines in Pa. Cons. Stat. §3124.1 that a person commits sexual assault when they engage in sexual intercourse with an unwilling person. This charge is a second degree felony and is often followed with other charges. For a first time offender with no other criminal record, they face the possibility of up to 10 years in prison and up to $25,000 in fines.
As outlined in Pa. Cons. Stat. §3122.1, statutory sexual assault is committed when a person participates in sexual intercourse with an unwilling victim who is under the age of 16 and the offender is more than 4 years older. This offense is also a second degree felony and may be penalized by up to 10 years in prison and up to $25,000 in fines.
The crime of sexual assault can be charged when even a minimal amount of penetration occurs, whether anal or vaginal, and may include one or more of the following elements:
· The sexual assault included forcible compulsion;
· The victim of the sexual assault was unconscious;
· The perpetrator of the sexual assault knew the victim was unaware a sex act was occurring (i.e., the victim was intoxicated);
· The sexual assault was accomplished through a believable threat of forcible compulsion;
· The perpetrator of the sexual assault “substantially impaired” the victim’s ability to control his or her own actions by giving them an intoxicant or drug without their knowledge, or
· The victim of the sexual assault has a mental disability which renders them incapable of granting consent.
Penalties Associated with Sexual Assault in the State of Pennsylvania
While the circumstances surrounding the case will dictate the exact penalties, a person who is convicted of sexual assault or rape in the state of Pennsylvania could face the following:
· If the victim of the sexual assault is an adult, the person convicted of sexual assault could be sentenced to up to 20 years in Pennsylvania state prison, and fined a maximum amount of $25,000.
· Date rape is an even more serious criminal offense, resulting in an additional ten years in Pennsylvania state prison, and an additional fine of up to $100,000.
· If the victim of the sexual assault is a child, younger than the age of 13, a person convicted of the offense can face up to 40 years in Pennsylvania state prison, or, if the sexual assault resulted in serious bodily injury to the child, the offender could receive a sentence of life in prison.
· If the victim of the sexual assault is between the ages of 13 and 15, and the offender is at least four years older than the victim, the offender could face up to ten years in Pennsylvania state prison, and up to $25,000 in fines.
The Many Consequences of a Conviction for Sexual Assault
If you have been charged with the crime of sexual assault, you are facing very serious penalties, in the event of a conviction. Aside from spending time in prison and paying extremely large fines, if convicted, you will be placed on a sexual registry list, identifying you as a sexual offender. Depending on the level of sexual offender you are deemed to be, you could be forced to update your registry every three months, every six months, or once a year, and your photo will be on the Pennsylvania sex registry on the Internet, which is available to anyone.
A conviction for a sexual offense in the state of Pennsylvania can completely derail your life and your future. If convicted, once you serve your sentence, pay your fines, and are added to the Pennsylvania sex registry program, you will experience even more negative effects, such as an inability to obtain employment, an inability to obtain a professional license, rent a home or obtain a governmental student loan, and you will be banned from ever owning a firearm or running for public office.
Potential Defenses to Pennsylvania Charges of Sexual Assault
Although your exact defense will depend on the facts and circumstances surrounding your charges, your attorney may use one of the following defenses on your behalf:
· You had the consent of the alleged victim;
· You were mistakenly identified;
· In the case of statutory rape charges, the victim was older, or you were younger;
· Involuntary intoxication (i.e., you were drugged without your consent or knowledge), or
· You were legally insane at the time the offense occurred.
It is important to note that in the case of statutory sexual assault, believing a child is older than he or is actually is, is not considered a defense to the crime, nor is the consent from a child a defense.
The Harshest Penalties from a Sexual Assault Conviction
Sexual assault and statutory sexual assault bring some of the harshest penalties available in the Pennsylvania legal system, as well as community condemnation. In fact, there are few charges which bring the same level of stigma from others as sex crimes. Being charged with a sexual offense is a frightening, stressful experience, particularly when you are innocent of the charges, or, at the very least, there are extenuating circumstances. Even charges of Sexual Assault can result in the loss of your marriage, your family, your friends, your job, and you may not even be allowed to have any contact with your own children.
What to Do if You are Charged with Sexual Assault
If you find yourself being charged with sexual assault in the state of Pennsylvania, remember that law enforcement will make decisions regarding your charges, and that your behavior at the time of your arrest could influence these decisions. Take your right to remain silent very seriously—don’t speak to a police officer or anyone else until you are able to speak to a Pennsylvania criminal defense attorney. It is absolutely true that anything you say can be taken out of context, then used against you later. Don’t try to “explain,” don’t deny the charges, and, even if a police officer tells you that you can go home if you will just tell them what happened—don’t believe it. As soon as your attorney is on board, he or she will investigate the charges, and will make every effort to discredit any “evidence” against you.
The sex crimes 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.