Philadelphia Institutional Sexual Assault Lawyers

Have You Been Accused of Institutional Sexual Assault?

Institutional sexual assault is like any sex crime—it comes with a serious social stigma. Whether you are innocent of the crime, whether you made a mistake, or whether there are facts that need to come to light, these are very serious charges with serious penalties. 

Unfortunately, getting charged with a sex crime can make it very difficult for you—at work, with your family, and in your community. Should a court convict you of a sex crime, like institutional sexual assault, not only could you spend time in prison, you’ll face an array of collateral consequences once you have served your time. Obtaining employment or finding a place to live can be difficult. 

If you get convicted of institutional sexual assault, you must register as a sex offender. This means you will have limitations on where you can live, even if you can find someone who will rent to you. You may be unable to obtain a professional license you have worked toward or even get a government student loan to continue your education. In addition, people will look at you differently, even if you are innocent of the charges. For all these reasons, you must have a strong criminal defense attorney in your corner from beginning to end. 

You need an advocate who believes in you and your future and will always go the extra mile to protect your rights. The sex crimes defense attorney you choose to fight these charges will significantly affect the outcome. You want to ensure that the legal team you have working on your behalf is experienced, knowledgeable, and highly skilled. 

What Is Institutional Sexual Assault?

Charges for institutional sexual assault—like many other types of sexual assault—will depend on the nature of the sexual contact, the identities of the alleged victim and perpetrator, and other relevant circumstances. Institutional sexual assault applies to sexual contact between two individuals with a specific relationship. Many individuals can get charged with institutional sexual assault, but generally, a person in a position of authority over another person can be charged with institutional sexual assault. Some examples of this include:

  • Employees or managers at youth camps, youth development centers, or any youth program when the sexual assault is directed toward youth at the camp or center
  • Those who work at a state or county-run juvenile detention facility, when the sexual assault is directed toward a juvenile at the facility
  • Correctional (prison or jail) authorities when the sexual assault is directed toward an inmate at the facility
  • Any mental health facility when those who run the facility or work at the facility sexually assault a patient at the facility
  • School personnel including principals, superintendents, vice-principals, assistant principals, supervising principals, teachers, teacher aides, substitute or visiting teachers, school counselors, school nurses, coaches, athletic trainers, school librarians, school nutritionists, school janitors, cafeteria workers, vocational teachers, bus drivers, school secretaries, and any other employees or independent contractors who have direct contact with students could potentially be charged with institutional sexual assault when the alleged victim is a student.  
  • Any type of center for children, including a day-care center, a children’s boarding home, a center that provides early drug and alcohol intervention for youth or teens, or virtually any center that requires licensure, certification, or registration by the Department of Public Welfare or a county social services agency when the sex act is directed at the child, youth, or teen. 
  • Any agency employing peace officers when the sex act is directed at a person in the custody of that officer

For example, in 2018, seven current and former correctional guards were charged with institutional sexual assault that allegedly occurred over several years. The guards were alleged to have used their positions of authority to coerce women at the prison to perform sex acts on them in their cells and utility closets in return for extra phone time, cigarettes, food, and other things. 

Institutional sexual assault is taken extremely seriously, therefore, has serious punishments. This is because the institution’s employees have significant power over the inmate, student, juvenile, etc. After all, the victims cannot leave the facility. This means that virtually any level of sexual contact is charged as institutional sexual assault, but specifically, 

  • Sexual intercourse
  • Deviate sexual intercourse
  • Indecent contact

Statutes Associated with Institutional Sexual Assault

§ 3124.2.  Institutional sexual assault

“(a)  General rule.–Except as provided 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.   (b)  Definition.–As used in this section, the term “agent” means a person who is assigned to work in a State or county correctional or juvenile detention facility, a youth development center, youth forestry camp, or other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution who is employed by any State or county agency or any person employed by an entity providing contract services to the agency.”

What Are the Penalties for Institutional Sexual Assault?

Institutional sexual assault is charged as a third-degree felony in the state of Pennsylvania. If convicted of institutional sexual assault, you could face up to seven years in prison, and a fine of up to $15,000. If convicted of institutional sexual assault, the Court is triggered to order an assessment under the Sexual Offender Assessment Board to determine if you meet the label of Sexually Violent Predator.  

If you are designated as a Sexually Violent Predator, you will be required for the remainder of your life to attend and participate in mandatory sex offender counseling on at least a monthly basis. The treatment provider must be approved by the SOAB Board. You must also undergo active community notification. Local law enforcement will notify your neighbors and any facility with children, and your name and address will get made public. 

What Are the Sex Offender Registry Requirements for a Conviction for Institutional Sexual Assault?

Under Megan’s Law, a conviction of Institutional Sexual Assault is considered a level 1 Tier. This means you must register as a sex offender for fifteen years. 

If your offense occurred at a school or childcare facility, you would be considered a level 2 Tier, meaning you must register as a sex offender for twenty-five years. 

If your conviction is for Institutional Sexual Assault of a Minor, you will be considered a Tier 3 offender and must register as a sex offender for the remainder of your life. 

These reporting and registration requirements will follow you across the United States, regardless of where you choose to live. As you can see, the repercussions for a conviction of institutional sexual assault are severe. You need a strong legal advocate to fight for you and never judge you. 

What Are the Potential Defenses to Institutional Sexual Assault?

Of course, the defense chosen by your attorney will depend on the facts and circumstances surrounding your arrest. That being said, these are the most common defenses to institutional sexual assault:

  • Actual innocence. You were not present when the alleged victim claims you sexually assaulted them, you have an alibi, or there is no physical evidence. In many cases, charges like these are based solely on the word of the accuser—who might have an underlying reason to make up the story. In a school situation, a student might try to “get even” with a teacher who disciplined them or gave them a bad grade. In a prison setting, a prisoner might be trying to cause trouble for a guard they don’t like, possibly even getting themselves out of the facility early. 
  • The credibility of the alleged victim will be an issue. Absent DNA evidence, it could be difficult for the government to prove any sexual event occurred or that the two people in question were in the same room alone. 
  • Lack of penetration. The crime of institutional sexual assault requires intercourse, deviate sexual intercourse, or indecent contact. If there is no penetration, then intercourse and deviate sexual intercourse are off the table. This leaves indecent contact, which can be difficult to prove. 

A mistake of age is not considered a defense. Even if a student happens to be over 18, if you are a teacher, there is no consent. This means that even if an adult inmate begs a guard to have sexual contact with him or her, it is illegal, and the guard can be charged with institutional sexual assault.

It is important to understand that even if the “victim” came into the courtroom and stated the sexual contact was absolutely consensual, it remains illegal under the laws of Pennsylvania. On the other hand, as with any criminal charges, the government has the burden to prove your guilt. 

Why Do You Need an Attorney When Charged with Institutional Sexual Assault?

When charged with institutional sexual assault, your future and life hang in the balance. Because of this, it is imperative that you immediately hire a highly experienced criminal defense attorney like Lee Ciccarelli. You need a sex crimes attorney with a proven track record of helping those in situations like yours. Sex crimes can have many “landmines,” so your attorney must be experienced and knowledgeable of all Pennsylvania laws related to your charges. 

You must feel comfortable with your attorney to discuss the legal ramifications of your charges, along with the collateral damages that could occur in the event of a conviction. Your attorney will comprehensively investigate your case, preparing you for depositions or testimony you will be required to give. Your attorney will represent your best interests, speaking up on your behalf throughout the process. 

Perhaps most importantly, your Philadelphia criminal defense lawyer will find flaws in the testimony of your accuser, challenge the “facts” presented by the state, and present any mitigating circumstances that could help you obtain an acquittal or result in reduced charges or reduced sentencing. 

Helping Those Across the State of Pennsylvania

Our team of experienced Pennsylvania sex crime defense attorneys will be there to help you the moment you get charged with a sex crime. Our lawyers will work on building a defense designed to expose the holes in the prosecution’s case against you. 

Our Philadelphia Center City location is: Two Penn Center Plaza, Suite 200, Philadelphia, PA, and we make ourselves available to meet with you locally throughout Pennsylvania. 

When you have been accused of a sex offense in Pennsylvania, you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases:  contact the Justice for the Accused Criminal defense team today. Contact us 24/7 at (215) 515-6111.