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.
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