Rape / Sexual Assault Laws in Pennsylvania

Rape Charges – PA Laws and Penalties

Information on fighting rape charges from Pittsburgh Sex Crime Attorneys

Being accused of rape, indecent assault, sexual assault, involuntary deviate sexual intercourse, and statutory sexual assault are very serious criminal charges that can result in lengthy prison time and large fines, not to mention many other penalties.

Penalties under Pennsylvania law for rape are severe. If convicted, a person may have to register on the national sex offenders list for the rest of their life, which can greatly restrict where a person can live and work.

But facing rape allegations does not always mean that a person is guilty and at Ketchel Law, we work to understand all details of the case in helping to prove a person’s innocence or limit the charges brought against them.

An arrest is not a conviction

When someone alleges that you have committed something as serious as rape, it can be a very frightening ordeal. But you do not have to face the charges alone—Justin Ketchel is an experience Pittsburgh sex crime attorney who takes an aggressive approach to defend your rights, your freedom, and your reputation.

OUR NUMBER ONE GOAL: TO HAVE YOUR RAPE CHARGES DISMISSED

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

FACING RAPE CHARGES IN PENNSYLVANIA

If you have been charged with rape, it is important to not speak to law enforcement officials or investigators unless you have an attorney by your side.

There are different penalties for different types of charges and some are more severe than others.

A) The difference between rape and sexual assault as defined in Pennsylvania law is that rape is a first-degree felony and must include force or threat of force or involve a victim that is incapacitated or unconscious/unaware, a victim who suffers a mental disability, or a child under the age of 13.

For example, incapacitating someone by giving them too much alcohol and having sex with them is considered rape.

B) The difference between rape and involuntary deviate sexual intercourse (IDSI) is that IDSI includes many more types of sex crimes and could be more difficult to defend the charges.

Rape is a first-degree felony, punishable by up to 20 years in prison and a $25,000 fine, however, additional sentencing could be added, depending on the severity of the crime. For instance, a rape conviction of a child with serious bodily injury is a life prison sentence.

The Pennsylvania Title Code §3121 defines rape as the following:

  • 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.

(b) Additional penalties.–In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years’ confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and 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, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

(c) Rape of a child. — A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d) Rape of a child with serious bodily injury. — A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age and the complainant suffers serious bodily injury in the course of the offense.

(e) Sentences. — Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1) Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2) Subsection (d) shall be sentenced up to a maximum term of life imprisonment.

OUR NUMBER ONE GOAL:

TO HAVE YOUR RAPE CHARGES DISMISSED

CALL KETCHEL LAW TODAY: 

412-456-1221 FOR A FREE CONSULTATION

PENALTIES FOR A RAPE CONVICTION IN PENNSYLVANIA

If convicted of rape in Pennsylvania, you face up to 20 years in prison, a $25,000 fine, and a first-degree felony on your permanent record. Depending on the circumstances of the crime, you may face other charges and receive additional penalties.

A rape conviction can have far-reaching consequences, beyond prison time.

You may not be approved for financial loans for education or automobiles or housing. You may be turned down by landlords for housing and have difficulty finding an apartment. You may be required to register your name and address every year on a national registry, restricting where you can live and work.

Failing to register as a sex offender is a felony and could send you to prison.

Other consequences could include losing child custody or immigration status.

The stigma that is attached to being a registered sex offender could make it very difficult to keep friends and build social relationships.

OUR NUMBER ONE GOAL: TO HAVE YOUR RAPE CHARGES DISMISSED

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

REGISTERING AS A SEX OFFENDER REQUIREMENT

Under the Sexual Offender Registration and Notification Act (SORNA) / Megan’s Law and the Adam Walsh Act, convicted sex offenders are required to register their names on an online national registry.

This registry is available for anyone to see. To register you are required to provide DNA, a photograph, and addresses of where you live and work.

Failing to register is a felony. Recently the PA Supreme Court ruled that certain first-time offenders may only have to register for 15 years instead of a lifetime.

If you were charged with a sex crime, call Ketchel Law today for a free legal consultation.

FIGHTING RAPE CHARGES

Our Pittsburgh sex crime attorneys understand that not everyone accused of a crime is guilty of a crime. We work aggressively toward having your charges reduced or your case dismissed.

We will fully investigate all aspects of your case, examining all angles and gathering testimony and witnesses on your behalf. We will go over police reports, and witness accounts and aggressively look for any evidence to build a strong case in your defense.

If your case goes to trial, we will be by your side at every turn, to prepare you and your family for possible questioning and keep you informed so that together we can make the best decision for you and your family.

There are many defenses to sex crime charges.

Our goal is to have your case dismissed and your charges reduced. We will fight aggressively to keep your name off of the national registry of sex offenders.

If you have been charged with a sex crime call Pittsburgh Criminal Attorney Justin J. Ketchel for a free consultation today.

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FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law and Sex Crime Laws in Pennsylvania:

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Call Ketchel Law now for a free legal consultation at 412-456-1221.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221

FREE CONSULTATION