West Chester Statutory Sexual Assault Lawyer

Pennsylvania Statutory Sexual Assault

Statutory rape is generally defined as engaging in a sexual activity with a person too young or too immature to actually consent to the act. Pennsylvania statutory sexual assault laws take into account the age of the younger person—the alleged victim—but also the difference in age between the alleged victim and the alleged perpetrator. The age of consent in the state of Pennsylvania is sixteen, however there are exceptions to that age as relates to the statutory sexual assault laws:

Teenagers who are between the age of thirteen and fifteen are allowed to legally consent to sexual activity so long as the other person is no more than four years older.
Children who are younger than thirteen cannot legally consent to a sexual activity, no matter the age of the other person.
A person accused of having sexual intercourse with a person under the age of sixteen, when the alleged offender is eleven or more years older, will be charged with first degree felony statutory sexual assault.
A person accused of having sexual intercourse with a person who is under the age of sixteen, when the alleged offender is at least four years older, but less than eight years older OR eight years older but less than eleven years older will be charged with second degree felony statutory sexual assault.

The goal of Pennsylvania statutory sexual assault laws are to ensure younger people are not pressured into a sexual activity as a result of the power imbalance which exists among those of a significant age difference. Under Pennsylvania statutory sexual assault laws, anyone who is a volunteer, employee or agent of a juvenile correctional facility, residential facility or school, who engages in a sexual act with a person going to school or receiving services at the school or facility, could be charged with a felony criminal offense.

A conviction for Pennsylvania statutory sexual assault can draw some of the harshest criminal penalties as well as a whole host of harsh condemnations from friends, family, co-workers, employers and community members. Accusations of any type of sexual offense, including statutory sexual assault, can end marriages, devastate families, alienate friends and end employment—even if no conviction ensues. Being charged with a sex crime can be frightening, stressful and humiliating and can haunt you for the rest of your life. Depending on whether you are charged with a first or second degree felony Pennsylvania statutory sexual assault, you could face up to ten years in prison upon conviction, as well as fines as high as $25,000. Perhaps equally as serious as the criminal penalties, is the fact you will have to register as a sex offender for a significant number or years, or even for life.

The Complex Issue of Attempted Sexual Assault in Pennsylvania

Sexual assault is a heinous crime that affects not just the victim, but everyone around them. However, the issue becomes more complex when it comes to attempted sexual assault, especially in Pennsylvania. Many people wonder if it is possible to face charges and potential conviction for such a crime if no physical victim is involved. In this blog post, we will explore this intricate topic and provide you with answers that you may be seeking.

In Pennsylvania, attempted sexual assault is considered a crime, even if there is no physical victim. The law states that anyone who attempts to sexually assault another person can face serious charges, with potential penalties that can include jail time and fines. This law is in place to deter individuals from trying to commit such heinous crimes, even if they are unsuccessful in their attempts.

The key element of attempted sexual assault is the intent to commit the crime. The prosecution must prove that the accused had the intention of committing the offense, even if they were unsuccessful. Proof of intent can come from various sources, including confessions, statements, and witness testimony. If the prosecution can prove intent beyond a reasonable doubt, then a conviction can be secured.

Another key element in the case of attempted sexual assault is the “substantial step” taken towards the commission of the offense. This means that the accused must have completed some action that brings them closer to committing the actual crime. This can include luring, stalking, or other behaviors that could have led to the assault. In many cases, the accused may have also taken steps to incapacitate the potential victim, such as drugging them, in preparation for the crime.

It is important to note that attempted sexual assault cases can be challenging for prosecutors to prove, especially if there was no physical victim involved. In these cases, the prosecution must rely on circumstantial evidence, such as the accused’s statements and actions, to build their case. The defense may also argue that the accused did not have the intent to commit the offense and that their actions were misinterpreted.

In summary, attempted sexual assault is taken very seriously in Pennsylvania, even if no physical victim is involved. The law recognizes the harm that could have been inflicted and aims to prevent such crimes from being committed by holding perpetrators accountable. If you or someone you know is facing charges of attempted sexual assault, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can help you understand your rights and options, and provide you with effective representation in court. Remember, attempted sexual assault may be a complex legal issue, but by working with the right lawyer, you can achieve a favorable outcome in your case.

Rape: Understanding the Trauma and Its Legal Implications

Rape is a heinous crime that can cause significant physical and emotional trauma to the victim. It is never the victim’s fault and should never be tolerated in any society. While many people know that rape is a crime, legal definitions and implications can be confusing. In this blog post, we discuss what rape is, the legal implications of the crime, and how to support victims.

Rape is defined by most states as involuntary sexual intercourse with someone without their consent. It can occur in several ways, including the use of force or threats, where the victim is unconscious, unaware of the intercourse or is a child under the age of 13. If a person is convicted of rape in Pennsylvania, it’s a first-degree felony. Rape is considered a particularly heinous offense because it strips the victim of their power. It can cause significant physical and emotional trauma and may lead to various psychological disorders such as depression and PTSD.

In contrast, a person is guilty of sexual assault any time they engage in sexual intercourse without the other person’s consent. Even if the intercourse doesn’t involve physical force, if the victim didn’t consent, it’s still sexual assault. In Pennsylvania, sexual assault is considered a second-degree felony. The penalties for rape or sexual assault convictions differ based on the severity of the crime, but it’s always severe enough to cause significant impact on the victim’s life.

Many rape and sexual assault survivors often encounter challenges when reporting their cases. They may experience victim-blaming, negative reactions from law enforcement and their loved ones, and feel stigmatized. Such attitudes can lead to shame, silence, and reluctance by the victims to get the help they need. We must shift the conversation to be survivor-centered and trauma-informed. By doing so, we can make it easier for the survivors to speak up, access support, and eventually ensure their abusers are held accountable.

The legal system has the responsibility of holding the perpetrators accountable. However, it also needs to focus on the victim’s healing, wellbeing and address potential causes of violence against women and children. Community organizations are critical partners that can help offset the burden of counseling and support for survivors. In addition, providing education and resources on rape prevention and consent is equally important in creating a safer community.

No one deserves to be raped or sexually assaulted, and it’s essential to break the stigma surrounding these crimes. Rape and sexual assault are traumatic events that can have far-reaching physical, emotional, and mental health impacts. It is, therefore, critical that survivors receive adequate support, and perpetrators are held accountable for their actions. Community-centered solutions can decrease the likelihood of these crimes occurring. By working together, we can create a safer society that empowers survivors instead of victimizing them.

Potential Defenses to Charges of Pennsylvania Statutory Sexual Assault

Depending on the circumstances surrounding your charges of statutory sexual assault, your attorney may choose to use one of the following defenses:

You are a victim of mistaken identity;
You could not have committed the crime as you have an alibi;
You are the victim of false accusations;
You can claim the Pennsylvania marital exemption for statutory rape because you are married to the minor in question (assuming the sexual encounter was not rape by force), and
The “Romeo and Juliet” exception is meant to prevent criminal charges against teenagers of similar age who age in consensual sex. The Romeo and Juliet exception covers those who are thirteen or older and defendants who are less than four years older.

What to Do if You are Charged with Pennsylvania Statutory Sexual Assault

While it is almost certain you will be frightened by the charges against you, and even angered if the charges are false, it is important not to let that anger come through when dealing with law enforcement. The police, detectives and state prosecutor will make decisions about your charges; in many cases there may be a variety of choices to make which can vary greatly in severity and your behavior may influence those choices. As with any criminal charge, you should never, ever discuss your charges with anyone other than your attorney. Give the police your name and address, then politely refuse to talk until you have had the opportunity to consult with an experienced Pennsylvania criminal defense attorney. What you say, even if you are proclaiming your innocence, can and will be used against you, possibly even taken out of context.

Falsely Accused of Statutory Rape in the State of Pennsylvania?

All sexual assault accusations have the potential of being false, particularly in cases where the accuser (or, in the case of statutory sexual assault charges, possibly the accuser’s parents) wants to “get back,” or “get even,” with the person charged. In the case of a false accusation, your attorney will determine any potential motives for the accusations, and may hire an investigator in order to determine if the alleged victim has ever made similar accusations. If there was a delay in reporting the alleged crime, your attorney will determine why this occurred and the alleged victim’s medical examination will be reviewed. Your attorney will check social media entries of the alleged victim in order to see what might have been posted on Facebook or Twitter. A medical expert may be brought in to prove your version of the story, and your attorney may bring in character witnesses for you in order to show your character and reputation.

How Your Pennsylvania Criminal Defense Attorney Can Help

A knowledgeable Pennsylvania criminal defense attorney will investigate your charges in order to determine whether credible evidence exists to support your claim of innocence, and will attempt to discredit existing evidence. If there are contradictions in the evidence, your attorney will find them, and use them to your advantage. Your attorney may be able to negotiate with the state prosecutor for lesser charges or a reduction in penalties, such as probation instead of prison time. It is essential you have an attorney who will stand solidly by your side, from start to finish, helping you determine the best course of action, and working toward the best outcome possible.

Contact a Pennsylvania Sexual Assault Lawyer

If you have been charged with statutory sexual assault 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.

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, Lancaster, King of Prussia, Media, Reading, 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.