Statutory Sexual Assault vs. Rape in Pennsylvania
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.
Statutory sexual assault may be deemed a first or second-degree felony offense. The second-degree charge is usually applicable if the offender is between four and eight years older than the victim. The charge may be increased to second-degree statutory rape if the offender is eight to 11 years older than the victim. Once the offender is at least 11 years older than the victim, the charge becomes a first-degree felony, which carries a prison sentence of up to 20 years in addition to a $25,000 fine.
The Charge of Rape
Rape is a first-degree felony and is defined as sexual activities without the consent of the victim. This may happen through force or through threat of force. Rape can also occur if the victim is unconscious or impaired in any way through substances which have been administered to the victim to reduce or prevent resistance. It may also be defined as sexual contact with someone who is incapable of consenting due to a mental disability.
Rape carries a penalty of up to 20 years in prison and a fine of up to $25,000. If the victim was a minor under the age of 13, the penalty goes up to 40 years in prison or life in prison if the child suffered severe physical injury. The use of substances to impair the person increases the fine up to $100,000. The mere charge of rape can ruin a person’s reputation due to the media attention these cases usually receive. Even if the charge is dismissed, the public may make their own decisions and alienate the person.
Contact an Edinboro Sexual Assault Attorney Immediately
Anyone who has been charged with either statutory sexual assault or rape needs to contact an Edinboro Sexual Assault Attorney experienced in this type of case. An attorney with a solid reputation of defending this type of criminal charge can provide sound legal counsel.
While these crimes are horrific, especially in the case of rape, many people charged with the crime are victims as well. They have been falsely accused and they deserve the best defense strategy possible to prove their innocence. Even individuals who may be guilty of a sexual offense have the right to defend themselves. You are not guilty until the state proves each element of the crime.
Contact The Travis Law Firm toll free at (800) 401-2066 to schedule a free consultation with one of our Edinboro criminal defense lawyers. We represent clients throughout northwestern Pennsylvania.