In the Commonwealth of Pennsylvania, statutory rape is a serious offense known as “statutory sexual assault.” Unlike other types of sexual assault, statutory sexual assault does not depend on the presence of force or coercion. Instead, it hinges on the ages of the individuals involved. Pennsylvania law specifically prohibits sexual activity with individuals who are below a certain age, regardless of whether they consent, based on the rationale that minors are legally incapable of consenting to sexual activity due to their age.
The issue of a minor misrepresenting their age in such cases is complex. According to Pennsylvania law, there is generally no defense solely on the grounds that the minor victim misrepresented their age or appeared to be older. This means that even if a minor used a fake ID or verbally stated they were 18 or older, these factors typically do not constitute a valid legal defense.
However, there is a narrow exception: the Mistake of Age Defense. To successfully invoke this defense, the accused must prove that they had reasonable cause to believe, and did believe, that the minor was above the age of consent at the time of the alleged offense. It’s important to note that this defense is not universally accepted, and the ability to use it may depend on the specific circumstances of the case, such as the age difference between the parties and the nature of the evidence presented to support the claim that a mistake was made in good faith.
The Pennsylvania courts have examined cases involving the Mistake of Age Defense, but it remains a very challenging defense to assert, often requiring substantial proof. One key aspect of this defense is the requirement for the belief to be reasonable under the circumstances, which is often left to the discretion of the jury or judge.
Ultimately, it is essential for individuals involved in such cases to seek competent legal counsel who can navigate the complexities of the law and provide a robust defense based on the specifics of the case.
References in Pennsylvania Law:
- Pennsylvania Statutes Title 18, Chapter 31 addresses offenses involving sexual assault, with specific statutes delineating the legality of consent in relation to age.
- Legal cases and precedents wherein Mistake of Age has been considered a potential defense (this information is subject to updates and changes based on current rulings).
For definitive advice and representation in a case involving allegations of statutory sexual assault in Pennsylvania, consulting with an attorney specializing in criminal defense law is imperative. The attorney can review the details of the accusations and evaluate the potential for a Mistake of Age Defense or any other possible defenses under Pennsylvania law.
West Chester Pennsylvania Sex Crimes Lawyer
It may be possible to fight your Pennsylvania Sex Crimes charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge.
We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with serious Sex Crime charges including but not limited to Sexual Assault, Aggravated Sexual Assault, Statutory Sexual Assault, IDSI, Involuntary Deviant Sexual Intercourse, Indecent Assault, Indecent Exposure, Child Pornography, Rape, Statutory Rape, Corruption of Minors, Child Molestation and Illegal Contact with a Minor throughout Pennsylvania including but not limited to
Philadelphia, Lancaster, Allentown, Oxford, Exton, Phoenixville, Parkesburg, Malvern, Coatesville, Lionville, Chesterbrook, Devon, Newtown Square, Berwyn, Wynnewood, Villanova, Glen Mills, Concordville, Pottstown, Downingtown, Kennett Square, Chadds Ford, King of Prussia and beyond.
You deserve a West Chester Pennsylvania Sex Crimes Lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania Sex Crime Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.