When you think about the consequences of a criminal conviction, you probably think about jail, fines, loss of driving privileges, probation, alcohol or drug programs, community service, and ignition interlock devices. If so, you are correct. These punishments are just a few of the potential consequences of being convicted of a crime in Pennsylvania. However, these are not the only consequences of a criminal conviction.
Many of the consequences of a conviction are not imposed by the court. Some consequences are simply collateral consequences that result from being convicted of a crime. Unfortunately, some of these consequences can impact your life for a long time.
Has your child been accused of a crime in Pennsylvania? If so, you must take the matter very seriously, regardless of how ‘minor’ the charge. It is a mistake to consider any criminal charge ‘minor’ because all criminal convictions carry some consequence for your child. It is also a mistake to assume a judge or jury will go lightly on your child because he or she is under 18 years of age. While most courts want to see children rehabilitated rather than imprisoned, your child could still face jail time and other severe penalties depending on the crime.
We urge you to contact our office for a free legal consultation as soon as possible. Our Erie criminal defense attorney wants to hear your child’s side of the story. We care about what happened, and we want to help you and your child achieve the most positive outcome possible given the facts of the case.
Date rape is a problem on many college campuses throughout Pennsylvania and the United States. It is a crime that must and should be aggressively prosecuted and punished. No one should be forced to have sexual relations or have sexual encounters when they are impaired by drugs or alcohol.
With that said, you can be falsely accused of date rape. A person becomes angry at another person for ending a relationship or refusing romantic advances claims to be sexually assaulted as revenge. In some cases, a person could be sexually assaulted but name the wrong person because the victim was impaired by drugs or alcohol at the time of the assault.
Whatever the reason for the false accusation, it is crucial that the person accused seek immediate legal advice from an experienced Edinboro criminal defense attorney.
The simple answer to this question is “Yes, you can be charged with rape AND kidnapping in Pennsylvania.” The facts and circumstances of the case determine whether the prosecution will add the charge of kidnapping to the list of criminal charges associated with sexual assault.
In many cases of sexual assault, the prosecution adds a charge of kidnapping because the victim was unlawfully confined for a “substantial period in a place of isolation” with the intent of committing a felony, conflict bodily harm, or terrorize the victim. Rape and other sexual assaults meet the definition of inflicting bodily harm and/or committing a felony.
According to a story in the Centre Daily Times, a 21-year old man has been charged with three counts of unlawful dissemination of an intimate image, which is a misdemeanor charge. He has also been charged with one count of harassment, which is also a misdemeanor.
From information gained from the police report, the young man used a website to post what is termed as “revenge porn” or private photos of his former girlfriend. When the man was 18 or 19 years old, he took photos that his then-girlfriend sent him and uploaded the photos to the website. There was a total of 24 photos posted to the website with inappropriate comments. The site included the girlfriend’s name and age, and it recorded 100,000 views of the photographs.
Sexual assault charges carry a high penalty and can impact the offender for the rest of his or her life. There are various types of sexual assault charges under Pennsylvania’s criminal statutes. It’s important to understand what constitutes these offenses for the perpetrator and the victim. Below is a discuss of two commons sexual assault charges in Pennsylvania — statutory sexual assault and rape.
What is Statutory Sexual Assault?
Statutory sexual assault is defined as any type of sexual activity with someone who is underage, even if the sexual contact was consensual. In Pennsylvania, the age of consent in 16 years. The law deems persons under 16 years of age incapable of making decisions regarding sex, which means they cannot agree to sexual intercourse in the view of the law. The perpetrator may be charged with statutory sexual assault if he or she is at least four years older than the victim. Married couples are the only exception to the law.
Sexual Assault Charges Are Serious
Being accused of sexual assault in Erie Pennsylvania is a serious matter and it is one that warrants the insight of a knowledgeable criminal defense attorney as soon as possible. Even if you believe that your case will be handled properly by a public defender and that justice will prevail, there is simply too much on the line to leave the future to chance. The penalties for sexual assault in Pennsylvania can be severe.
Find Out Your Legal Options By Talking To A Defense Attorney
You need a criminal defense attorney experienced in handling criminal charges like this to give you the best possible chance to get out from underneath a situation like this. There are several different defenses that may apply based on your individual case and your criminal defense attorney can help you figure out what is most appropriate after a conversation with you. Your defenses might include, for example:
- Mental incapacity or insanity
- Improper collection or storage of evidence
Only a knowledgeable criminal defense attorney can evaluate the specifics of your case and determine the most important elements. Being accused of sexual assault is a serious matter and one that you should never minimize. Even if you believe that the evidence is on your side and that it is clear that you are innocent, you should not count on the system to protect you without the experienced insight of a criminal defense lawyer.
Accused Of Sexual Assault? Build A Strong Defense
Count on the criminal defense attorneys of The Travis Law Firm to develop a compelling defense of your case. Facts that may seem obvious to you need to be outlined and explained by an experienced attorney based on the rules and guidelines of the Pennsylvania court system. You can be sure that our Erie criminal defense attorneys have confidence in handling cases like this and we are committed to the best possible outcome for you.
Sexual Assault Accusations or Charges? Get Your Free Consultation
A potential conviction and even just the accusation of sexual assault is enough to do significant damage to your reputation, your career, and your life. Do not hesitate to reach out for help on these matters immediately. An Erie criminal defense attorney will evaluate your case and help you determine the appropriate next steps.