What is sexual assault in Pennsylvania?

Learn more about how serious an allegation of sexual assault is in Pennsylvania and how important it is contact an experienced attorney immediately after you are alerted that you are the subject of an investigation or accusation of sexual assault. Allegations of sexual assault carry severe personal and legal consequences. If the accusations lead to charges, it could affect your family, your job and your professional future. It is best to understand these charges and find out how to build an effective defense as soon as possible.

To build your best defense, it is important to understand what sexual assault is and what consequences you will face if you are charged.

What the charges mean:

Indecent assault. This is indecent contact without the consent of the victim. It includes use of seminal fluid, urine or feces with the intent of arousing sexual desire.
Involuntary deviant sexual intercourse. This can be oral or anal sex; sexual intercourse with an animal; or penetration of someone’s genitals with a foreign object.
Sexual assault. This can be either sexual intercourse or deviant sexual intercourse performed without someone’s consent.
Statutory sexual assault. Intercourse with someone under 16 years and who is more than four years younger.

Possible Sentences And Penalties

Twenty years in prison, $20,000 fine or both.
Sexual assault. Second-degree felony. Ten years in prison and a possible, discretionary fine. The amount of the fine depends on the severity of the crime.
Insanity pleas. Can require counseling or psychiatric treatment.
Indecent assault. Depending on the details of the accusations, and if it is the first of these offenses, it can be charged as either a first- or second-degree misdemeanor, and it carries a possible five-year sentence. When it is a repeat offense, it can be charged as a third-degree felony. In that case, there can be a seven-year prison sentence.
Sex offender registration. When someone is convicted of rape, sexual assault or several other sex crimes, they will also have to register as a sex offender for life.

Defending Yourself Against Sexual Assault Charges

With the severity of these allegations, you need the strongest possible defense. This means putting your case in the hands of an experienced criminal defense lawyer as soon as possible.

If you are ever contacted by the police, you might be tempted to provide a statement. It is important to remain silent. You want to tell them you are innocent and rebut allegations that are made against you. Unfortunately, by doing so you may unintentionally incriminate yourself. Police often claim to have evidence that they do not have, and any statement you make can be used to build evidence against you. The best defense is to immediately consult with an experienced attorney.

When you make a statement, you might:

Provide police with evidence they did not have before contacting you.
Make statements that make certain defenses unavailable.
Make statements that give police probable cause to arrest you.
Admit to things that you did not realize were crimes.
Make incriminating statements.

Megan’s Law

This law is named for Megan Kanka. Megan was a seven-year-old New Jersey girl who was sexually assaulted and murdered by a neighbor in 1994. The neighbor was a convicted sex offender, but the family did not know about his criminal history.

It makes it necessary for anyone convicted of a criminal sexual offense to register with local police and to notify law enforcement when they move. In Pennsylvania, enforcement officials make that information available to the public.

Offenses that require registration include:

Aggravated criminal sexual contact
Aggravated sexual assault
Criminal intent
Endangering the welfare of a child by engaging in sexual conduct that would impair a child’s morals
Kidnapping a minor (if the offender is not the parent)
Sexual assault
Luring/enticing
False imprisonment

With a conviction, this will affect where you live. It might also impact your employment options and your family.

Serious Allegations Require A Determined Defense

Sexual assault accusations should never be taken lightly. If they turn into charges, it will be life-altering. The severity of the charges and the consequences will depend on the details of your case. When a case reaches that level, you need to hire an attorney immediately who has defended these cases.

The attorney cannot make any promises, but depending on the details of your case, they might not be able to get the charges dismissed. If the charges stand, they might be able to work with the court to get the charges reduced or get you in diversion programs. The sooner you hire a law firm to work with you, the sooner they will be able to collect evidence. That evidence could determine your best course of action and it could affect the outcome.

Understanding the Difference between Sexual Assault and Aggravated Sexual Assault in Pennsylvania

Sexual assault and aggravated sexual assault are serious crimes that can leave a lasting impact on the victim. These offenses are often used interchangeably, but they have distinct legal definitions that carry different criminal penalties. In this blog post, we will explore the difference between sexual assault and aggravated sexual assault in Pennsylvania. We’ll also discuss the maximum criminal penalties and standard range of sentences for individuals who have no prior criminal record.

In Pennsylvania, sexual assault is defined as non-consensual sexual contact or behavior. It can include a wide range of activities such as unwanted touching, groping, or forced sexual intercourse. Sexual assault is considered a second-degree felony, and the maximum criminal penalty is up to 10 years in prison and a $25,000 fine. Repeat offenders can face even harsher penalties.

On the other hand, aggravated sexual assault is a more severe crime than sexual assault. It is defined as non-consensual sexual intercourse that involves the use of force, weapons or results in serious bodily injury. It is considered a first-degree felony, and the maximum criminal penalty is up to 20 years in prison and a $25,000 fine. Aggravated sexual assault carries harsher penalties due to the use of force or weapons in the commission of the offense.

Individuals who are convicted of these offenses may also be required to register as a sex offender with the State Police. This registration can impact their personal and professional lives, and they may have limited access to employment and housing opportunities. In addition to that, they may also have to undergo counseling to address their offenses.

When it comes to sentencing, the Pennsylvania Sentencing Guidelines Commission provides guidelines for judges to determine the appropriate range of sentences. For sexual assault, the standard range of sentence for someone with no prior criminal record is two to four years in prison. For aggravate sexual assault, the standard range of sentence is ten to twenty years in prison. These ranges don’t include the maximum criminal penalty, and they could vary depending on the circumstances and severity of the offense, as well as the defendant’s criminal history.

Sexual assault and aggravated sexual assault charges are severe offenses that carry significant consequences. We hope this blog post has given you a better understanding of the difference between these two crimes in Pennsylvania. Remember, any unwanted sexual contact or behavior is considered sexual assault and can result in severe criminal penalties. It’s essential to respect other people’s boundaries and always seek out mutual consent to avoid potentially harmful situations.