Rape Charges

Being accused of committing a Rape can have devastating, far-reaching and irreversible consequences to an individual’s reputation, profession and liberty.  Rape charges / cases are often filled with emotional, factual, and credibility issues that a criminal defense attorney must effectively analyze and use to his client’s benefit before a judge or jury.

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney
West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Under the Rape statute in Pennsylvania, there are different ways in which the crime of Rape can occur and therefore different elements that must be proven by the Commonwealth beyond a reasonable doubt before a conviction can result. Each different legal term in the statute has a specific definition that must be understood and analyzed in detail in comparison with the facts of a case before a proper and complete defense can be prepared.

If you or a loved one has been accused, charged or convicted of a crime or rape charges and are in need of legal help contact criminal defense attorney Mike DiCindio directly.

                          18 Pa.C.S.A. § 3121.  Rape.

(a)  Offense defined.–A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

 

“SORNA” Act (Sex Offender Registration and Notification Act)

Many sexually related offenses fall under the “SORNA” Act (Sex Offender Registration and Notification Act). SORNA states which offenses create a requirement for a convicted individual to register as a sex offender.  SORNA also provides the length of registration that is required depending on the charge.

Because of the intricacy of the Act as well as the severity of the consequences, there is much litigation in the appellate courts relating to different parts of the Act.  Whenever possible, an experienced criminal defense attorney will make every possible legal effort in order to secure an outcome that does not include registration as a sex offender.   The Act also determines the length of the registration requirements, of which there are three – Annual Registration for 15 years, Semiannual Registration for 25 years; Quarterly for life.

Some of the offenses that fall under the SORNA Act are:

 

Rape

IDSI

Kidnapping

Sexual Assault

Incest

Aggravated Indecent Assault

Indecent Assault

Sexual Abuse of Children

Unlawful Contact

Obscene Materials

Statutory Sexual Assault

False Imprisonment

Unlawful Restraint

(Note: this does not include all offenses covered and not every subsection of each above listed offense implicated the SORNA Act)


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale