Some of the most complex and emotionally charged criminal cases occur when an individual is charged with one or more sex offenses. These cases often involve large amounts of medical and scientific evidence and extremely complex and detailed issues of law. When charged, an individual needs to have an attorney who is knowledgeable of the types of investigation that is needed in order to properly prepare for trial, and who has the work ethic and compassion to care enough to do it. Recently, there have been amendments to the law that allow for harsher punishments and requirements of sentence in these cases. Typically, not only harsh sentences and mandatory prison terms will be at play, but also the extreme damage to an individual’s professional and personal reputation that comes along with the possibility of lifetime registration as a sex offender. This can’t be taken lightly and you need an attorney ready to work and fight for you.
18 Pa.C.S.A. § 3121 – Rape
(a) 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.
(a) Felony of the second degree.–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:
(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than the complainant.
(b) Felony of the first degree.–A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.
18 Pa.C.S.A. 3124.1 – Sexual assault
Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s 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. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a 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 as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.