Sexual assault and rape are viewed as especially heinous offenses in Pennsylvania. Even if you are falsely accused, these types of allegations can ruin your relationships and reputation. If you are facing sexual assault charges, your friends and family members might not give you the support that you need during your criminal case. DiCindio Law understands how traumatic it can be to face sexual assault charges. We can provide guidance during the process and aggressively defend you against the allegations.

Understanding sexual assault charges in Pennsylvania

In Pennsylvania, sexual assault is defined in 18 Pa. C.S. 3124.1. Sexual assault happens when someone has sexual intercourse or deviate sexual intercourse with someone else without the victim’s consent. It is a different offense than rape, which occurs when sexual intercourse is performed by using force or a threat of force or when the victim is impaired, unconscious, or unable to consent. Sexual assault is also different from involuntary deviate sexual intercourse, which includes any type of deviate intercourse performed in the absence of consent, including oral sex, penetration with objects, anal sex, and others. While rape and involuntary deviate sexual intercourse are first-degree felonies, sexual assault is a second-degree felony.

You might be charged with sexual assault if the prosecutor does not have enough evidence to prove all of the elements of involuntary deviate sexual intercourse or rape when the prosecutor believes that he or she has enough evidence to prove you committed a sex act without the victim’s consent.

Institutional sexual assault

Under 18 Pa. C.S. 3124.2, institutional sexual assault can be charged if you have sexual intercourse, deviate sexual intercourse, or indecently touch a patient, detainee, or inmate in an institutional setting.

This type of charge can be filed against an employee of the following types of institutions:

• County correctional authorities
• Department of Corrections
• Youth forestry camps
• Youth development centers
• Juvenile detention centers
• Licensed youth residential facilities
• Facilities for the mentally ill or mentally disabled

Institutional sexual assault is a third-degree felony. The victim’s consent is not a defense to this type of charge. All sexual activity between institutional employees and the people who are housed in these types of facilities is unlawful.

This statute also bans teachers, volunteers, and school employees who have direct contact with students to engage in sexual activity with students. It also prohibits sexual contact with a child in a daycare facility where you work or volunteer.

Sexual assaults by nonprofit employees, volunteers, and sports officials

Under 18 Pa. C.S. 3124.3, it is illegal for sports officials who work in for-profit or non-profit programs to engage in sexual activity with children under their supervision who are younger than 18. Similarly, employees and volunteers at non-profit organizations that serve children younger than age 18 are forbidden from engaging in sexual activities with children who are involved in the organization’s programs. These types of offenses are third-degree felonies.

What are the penalties for sexual assault?

If you are charged with and convicted for second-degree felony sexual assault, you can be sentenced to serve up to 10 years in prison and be fined up to $25,000. Institutional sexual assault and sexual assault by sports officials, volunteers, or non-profit employees are third-degree felonies. If you are convicted of one of these offenses, you will face up to seven years in prison and be assessed a fine of up to $15,000.

If the prosecutor has enough evidence, you could be charged with involuntary deviate sexual intercourse or rape, depending on the circumstances. In that case, a conviction would be a first-degree felony. If the victim is an adult, you would face up to 20 years in prison. If the victim is a child younger than age 13, the maximum sentence for rape would be 40 years. Finally, if a child victim suffered serious bodily injury, you could face up to life in prison if you were convicted of rape of a child.

Rape in Pennsylvania

Under 18 Pa. C.S. 3121, rape is defined as having sexual intercourse with a victim without his or her consent by using force, threats of force, or compulsion. Rape can also be charged when the person is impaired and is unable to consent or who has a mental disability that prevents him or her from consenting. Rape is a first-degree felony that carries a sentence of up to 20 years in prison and a fine of up to $25,000. If you are convicted of raping someone to who you administered a substance so that he or she would be incapable of resisting, you can be sentenced to 30 years in prison and a fine of up to $100,000. If you are convicted of raping a child younger than age 13, you can face up to 40 years in prison. If you are convicted of raping a child younger than age 13 who suffers serious bodily injury, you can be sentenced to serve the rest of your life in prison.