Sexual Assault Lawyer Pittsburgh

Sexual Assault Charges in Pennsylvania

Information on Your Rights, PA Laws, and Punishments from Pittsburgh Sex Crime Lawyers

Sexual Assault charges can be embarrassing and difficult to discuss, even if you are innocent of the accusations. But the punishment if you are convicted can be very severe if you are convicted of the charges.

If found guilty of sexual assault you face a long-term prison sentence but also the social stigma of being labeled a sexual predator. You may have trouble finding employment and housing and you may be required to register as a sex offender on a national registry for life.

The information here can help you determine what penalties you face if you are convicted and what to expect of the criminal proceedings that follow from being charged with a sex crime in Pennsylvania.

How does sexual assault differ from rape or other types of sex crimes? 

If a sexual assault charge does not fall under the categories of rape or Involuntary Deviate Sexual Intercourse (IDSI), typically people are then charged with Sexual Assault. There are many instances where a person can face sex assault charges, which are typically felonies.

Sexual assault charges may not require using force or threat of force within the realm of the sexual act. To be charged with sexual assault, any type of penetration into the body of the alleged victim must have allegedly occurred.

You can be charged with sexual assault in a variety of situations that may have seemed “consensual” but still breached the boundaries of the law.

For instance, sexual assault charges can be brought against a prison guard who is found to be having sex with an inmate, also known as institutional sexual assault. Or sexual assault charges can occur when a 30-year-old is accused of having sex with a 15-year-old, also known as statutory sexual assault.

Sexual assault charges can be just as serious and damaging as rape charges.

A conviction of sexual assault is a second-degree felony, punishable by up to five years in prison and a $25,000 fine.

An arrest is not a conviction.

Not everyone accused of a crime is guilty and there are two sides to every story. Our sex crime attorneys understand that and want to help you fight for your freedom and rights.

Having sexual assault allegations against you is frightening. But you do not have to face the charges alone—Justin Ketchel is an experience Pittsburgh sex crime attorney who will work hard to get your charges reduced or dismissed.

He will give your case personal attention and be there every step of the way to answer your questions and prepare you for hearings or a trial.

OUR NUMBER ONE GOAL: TO HAVE YOUR SEX ASSAULT CHARGES DISMISSED

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

SEXUAL ASSAULT CHARGES IN PENNSYLVANIA

Under Pennsylvania Title 18 § 3124.1, Sexual Assault is defined as:

  • 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.

When a person is charged with a sex crime in Pennsylvania a lot is at stake: their reputation, family, job, and freedom.

While the penalties often depend on the type of crime committed, whether you have a previous criminal record and the age of the alleged victim(s), being charged with sexual assault is a very serious allegation that could impact the rest of your life.

Statutory Sexual Assault and Institutional Sexual Assault are two forms of sexual assault discussed in more detail below.

INSTITUTIONAL SEXUAL ASSAULT CHARGES IN PA

If you are employed or volunteer at any type of correctional facility, juvenile facility or youth camp or mental health facility, you commit a third-degree felony by engaging in any type of sexual activity with an inmate, patient or resident under the care of that facility.

Depending on the allegations and circumstances of the case, you could either face sexual assault charges or Involuntary Deviate Sexual Intercourse charges. If the alleged victim is a minor, the charges could be more severe.

Even if the sexual relations were consensual, you can face up to seven years in prison and a large fine. If you are convicted, you will have to register as a sex offender for life.

Under Pennsylvania Title 18 § 3124.2, Institutional Sexual Assault is defined as:

    • 3124.2. Institutional Sexual Assault 

(a)  General rule.–Except as provided under subsection (a.1) and in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident.

Any of the following types of workers are at risk of facing institutional sexual assault charges if they are accused of engaging in sexual relations with an inmate, detainee, resident, patient or participant of the organization, facility or institution you either are employed by or volunteer for:

  • Prison Guard or Department of Corrections Officer
  • Any volunteer or employee at the Department of Corrections
  • An employee or volunteer at a Mental Health Facility
  • A juvenile detention officer
  • A principal, assistant principal or vice principal
  • Teachers, teacher aides or substitute teachers
  • A school counselor
  • A school librarian
  • Any employee or volunteer of a school, such as a nurse, cafeteria worker, secretary
  • School bus drivers
  • A youth development center employee
  • Youth forestry camp employee
  • Any employee or volunteer at a licensed youth home
  • Child day-care center employee or volunteers

STATUTORY SEXUAL ASSAULT CHARGES IN PA

Statutory Sexual Assault is also a serious allegation under PA law that can either be a first or second-degree felony upon conviction.

If you are 19 years old and have sex with a 15-year-old, you have committed Statutory Sexual Assault, even though the sex may have been “consensual”. This is a second-degree felony and is punishable by a ten-year prison sentence and a $25,000 fine.

If you are 30 and have sex with a 15-year-old, even though the sex is “consensual” it is considered statutory rape and is a first-degree felony. It is punishable by up to 20 years in prison and a $25,000 fine.

Under Pennsylvania Title 18 § 3122.1, Statutory Sexual Assault is defined as:

  • 3122.1.  Statutory sexual assault.

(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.

 

OUR NUMBER ONE GOAL: TO HAVE YOUR SEX ASSAULT CHARGES DISMISSED

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

 

CONSEQUENCES OF A SEX ASSAULT CONVICTION IN PA

A sexual assault conviction can have far-reaching consequences beyond prison time and large fines. After you are released from prison, you will be required to register as a sex offender, a social stigma that will limit where you are able to live and work and make it difficult to maintain friendships and build relationships.

As a felon, you may also 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.

Other consequences could include losing child custody or immigration status or the right to ever own a firearm.

FIGHTING SEXUAL ASSAULT CHARGES IN PENNSYLVANIA

An arrest is not a conviction.

Being charged with a sex crime is frightening but also an extraordinarily embarrassing affair. Regardless of innocence or guilt, the consequences of a conviction are a real threat to your freedom, rights, and liberties.

Professional and social implications are just the tip of the iceberg when it comes to facing prison time and the lifelong stigma of being known as a sex offender.

If you are facing sexual assault charges it is crucial to hire an attorney right away and not talk to the police or prosecutors, even if you are completely innocent and trying to explain your side of the story. Let an attorney do the talking.

At Ketchel Law, we understand that not everyone accused of a crime is guilty of a crime. There are two sides to every story. We will take your case very seriously and work toward having your charges reduced or your case dismissed.

We will fully investigate your case, examining all angles and gathering testimony and witnesses on your behalf. We will go over the charges and the procedures taken by law enforcement carefully.

There are several defenses to sex crimes. We will aggressively look for any evidence to build a strong case for you and discredit the alleged victim’s testimony.

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.

It is our goal to have your case dismissed and charges reduced and if that is not possible, 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.

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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