Institutional Sexual Assault Attorney
Every type of sexual assault charge is treated seriously in Pennsylvania. An institutional sexual assault conviction can result in a long prison sentence, stiff fines, and sex offender registration. You can be charged with institutional sexual assault if you are an employee of a specific type of institution and engage in sexual activity with a student, resident, inmate, detainee, or patient. If you are facing a charge of institutional sexual assault, you should talk to an experienced criminal defense attorney at DiCindio Law as soon as possible.
What Is Institutional Sexual Assault?
Under 18 Pa.CS 3124.2, you can be charged with institutional sexual assault if you engage in sexual acts with a student, inmate, detainee, resident, or patient of the facility for which you work or serve as an agent. The types of facilities that are included under this law include the following:
- Juvenile detention facilities
- Daycare Centers
- Youth Development Centers
- Youth camps
As an employee or agent, you can face serious penalties for any indecent contact or sex act that you have with someone housed in one of these facilities.
What Are The Penalties For Institutional Sexual Assault?
Institutional sexual assault is a third-degree felony in Pennsylvania. If you are convicted of this type of offense, you can face up to seven years in prison and a fine of up to $15,000.
Sex Offender Tiers And Institutional Sexual Assaults
All types of institutional sexual assaults are charged as third-degree felony offenses. In addition to the main type of institutional sexual assault, you can also be charged with institutional sexual assault of a minor, institutional sexual assault at a school, or institutional sexual assault at a daycare facility. The sex offense tier will differ based on the type of institutional sexual assault with which you are convicted.
Someone who is convicted of institutional sexual assault will be deemed as a tier I sex offender. This will require annual sexual offender registration for 15 years. If you are convicted of institutional sexual assault at a school or daycare facility, you will be a tier II sex offender. This will require you to register as a sex offender every six months for 25 years. If you are convicted of institutional sex assault of a minor, you will be a tier III sex offender. This will require you to register as a sex offender every three months for the rest of your life.
Defending Against Charges Of Institutional Sexual Assault In Pennsylvania
Charges of institutional sexual assault should never be taken lightly. These types of charges can ruin your career and relationships and destroy your life. Even if the accusations against you are false, you still need to aggressively defend against them. Some people who are innocent are convicted and end up in prison for crimes they did not commit.
After you retain an experienced Pennsylvania sex crimes attorney, your lawyer will carefully review all of the circumstances to determine the most appropriate defense strategies to follow. The defense strategy that you use will depend on the particular facts and evidence in your case.
If you were at a different location when the alleged offense occurred, your attorney might raise an alibi defense. If you can present evidence and witnesses demonstrating that you could not possibly have committed the crime because of being somewhere else, your attorney may convince the prosecutor to dismiss the charges against you.
If the alleged victim has falsely accused you, your attorney may examine his or her motives for making up the allegations. He or she might find evidence of extortion or a different incident that led the alleged victim to falsely accuse you.
If you engaged in sexual conduct with an inmate, detainee, or another person in the custody of the facility for which you worked because of coercion, your attorney may try to gather evidence that force or the threat of force was used, making it impossible for you to resist. If the alleged victim was a child, your attorney might review how the child was questioned to determine whether a false accusation was coerced through biased questioning.
Your attorney may also review how the evidence against you was seized. If the investigating law enforcement officers seized evidence unlawfully, your lawyer may file evidentiary motions to challenge its admissibility. In some cases, these types of motions can lead to a dismissal of charges or a favorable plea offer from the prosecutor.
When you learn that you have been accused of institutional sexual assault or have been charged, you should seek immediate legal help. Your reputation and future could be at stake. Hiring an attorney who understands how to defend against these types of charges might help you to reach a favorable resolution of your case.
Get Help From A Criminal Defense Attorney Near Me In Pennsylvania
As soon as you are charged with committing institutional sexual assault, you should talk to an experienced sex crimes lawyer at DiCindio law. We can review your case and help you to understand your legal options. We have successfully defended many people who have been charged with sex crimes. Contact us today to learn about your rights and to schedule a free evaluation of your case by calling us at 610.430.3535.