Statutory Sexual Assault in Pennsylvania
What Is Statutory Sexual Assault?
Statutory sexual assault is a criminal offense defined under Pennsylvania law. Here are the key points:
- Age Difference: A person commits statutory sexual assault when they engage in sexual intercourse with a complainant who is under the age of 16 yearsand to whom they are not married. The age difference between the accused and the complainant determines the severity of the offense.
- Four to Eight Years Older: If the accused is four to eight years olderthan the complainant, it is considered a felony of the second degree.
- Eleven or More Years Older: If the accused is eleven or more years olderthan the complainant, it becomes a felony of the first degree.
- No Marital Relationship: The complainant and the accused must not be marriedto each other at the time of the offense.
Circumstances Leading to Accusations:
Several situations can lead to accusations of statutory sexual assault:
- Age Discrepancy: When an adult engages in sexual activity with a minor who is below the age of consent (16 years in Pennsylvania), it may result in statutory sexual assault charges.
- Lack of Consent: Even if the minor consents to the sexual activity, the law recognizes that they are not legally capable of giving valid consent due to their age.
- Parental Concerns: Parents or guardians may report the incident to law enforcement if they discover an inappropriate relationship between their child and an older individual.
- Educational Settings: Cases involving teachers, coaches, or other authority figures engaging in sexual activity with students fall under this category.
Statutory Language:
The statutory language for statutory sexual assault is as follows:
“Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:
- Four years older but less than eight years older than the complainant; or
- Eight years older but less than 11 years older than the complainant.”
Why Choose Lee Ciccarelli and His Attorneys?
- Experience: Lee Ciccarelli and his team have extensive experience handling criminal defense cases, including those related to sexual offenses. They understand the nuances of Pennsylvania law and can provide effective representation.
- Legal Expertise: Statutory sexual assault cases require specialized knowledge. Lee Ciccarelli’s attorneys are well-versed in criminal law and can build a strong defense tailored to your specific situation.
- Protecting Your Rights: Accusations can be life-altering. Lee Ciccarelli will fight to protect your rights, ensure due process, and explore all legal avenues to achieve the best possible outcome.
- Compassionate Advocacy: Facing such charges is emotionally challenging. Lee Ciccarelli and his team offer compassionate support and guidance throughout the legal process.
If you or a loved one is accused of statutory sexual assault in Pennsylvania, seek legal counsel promptly. Contact Lee Ciccarelli and his team to discuss your case and protect your rights.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance related to your specific situation1234