Philadelphia Rape Defense Lawyer

As many as 18 percent of all women are victims of date rape at some point in their lives. Date rape is more common among women between the ages of 18 and 24—about 37 percent of date rape happens among this age group. Twenty-five percent of date rapes are committed by a current or ex-boyfriend, girlfriend, or even an ex-spouse. In other words, someone that is well-known to the victim rather than a relative stranger who just happens to have a date with the victim. 

While date rape is a very serious crime, in some cases, an individual could be making false allegations about the date rape. There could also have been a misunderstanding between the parties. In any case, you must take charges of date rape very seriously and contact an experienced Pennsylvania sex crime defense attorney as quickly as possible. 

You might wonder why a person would falsely allege date rape. False allegations can occur because one party may have regrets about a sexual encounter and may not want their parents or others to find out. Sometimes false allegations of date rape can be a means of “getting even” for a real or imagined slight. Whether you are guilty of the crime of date rape—but there are extenuating circumstances that need to be heard—or you are innocent of the crime, attorney Lee Ciccarelli can help you through this difficult time in the best way possible. 

What Constitutes Date Rape in the State of Philadelphia?

According to the FBI, date rape is a “…rape with penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without consent of the victim when the victim has a casual or pre-existing relationship with the alleged offender.” Conversely, the state of Pennsylvania has no statute that is specific to date rape. 

Pennsylvania Statute 18, Section 3121(a) is generally used in cases of date rape. This statute makes it a first-degree felony to have sex with an individual after using alcohol, drugs, or other means to impair the individual’s ability to control or consider their own actions. 

Likewise, having sex with an individual that suffers from a mental disability or with an unconscious person is also a first-degree felony. A person who unknowingly ingests one of the many so-called “date rape” drugs may lose their ability to say no or otherwise resist sexual intercourse. When the two individuals have a casual or pre-existing relationship, and rape is alleged, it is commonly known as date rape. 

While date rape can happen anywhere, it often occurs on college campuses across the United States due to close proximity and generally heavy consumption of alcohol and drugs. Since the consumption of alcohol is known to lower inhibitions, when both parties are drinking, the situation can be less than clear.  Since objective proof of a crime is often lacking in allegations of date rape, the court must weigh the stories between the accused and the alleged victim. 

What Are the Penalties for Being Convicted of Date Rape in Philadelphia?

Rape, as a criminal offense in the state of Pennsylvania, is charged as a first-degree felony. There is much more to it, but choosing the right Pennsylvania criminal defense attorney to deal with the complexities is essential. 

The sentencing can depend on your age and whether you have a prior qualifying offense that subjects you to Pennsylvania’s Three Strikes Law. Generally speaking, you could face up to twenty years in prison and a fine as large as $25,000. If the victim was drugged, substantially impairing their ability to control their behavior or conduct, additional penalties of up to another ten years in prison and additional fines up to $100,000. Mandatory sex offender registration may also be imposed in the event of a conviction. 

What Are the Long-Term Consequences of Being Convicted of Date Rape in Philadelphia?

Since rape in the state of Pennsylvania is a first-degree felony, serving a sentence is hardly the end of the story. Not only must an individual convicted of rape register as a sex offender—sometimes for life—there are many other consequences of a felony conviction, including: 

  • It can be extremely difficult to obtain employment with a felony conviction on your record. When an employer runs a background check, your date rape conviction will come up, often disqualifying you from a job you are otherwise well-qualified for. 
  • If you were planning on attending college or any other type of higher education, you might not be granted admission—and even if you are admitted, you may not be able to obtain a government student loan. 
  • You may be unable to obtain a professional license, including those for insurance sales, education, attorney, nursing, real estate, mortgage broker, and more. There could be time limits set on these restrictions, depending on the particulars of your conviction. 
  • You may be unable to run for or be appointed to public office. 
  • It could be difficult to rent a home or apartment. While there are laws in place that prevent discrimination based on a disability, religion, ethnicity, or race, there are no such laws that prevent a landlord from denying an application due to a felony conviction. 
  • You may be unable to vote in state or federal elections. 
  • You may not possess a firearm following a felony conviction. 

Will I Be Forced to Register as a Sex Offender if Convicted of Date Rape?

Sexual offenses in the state of Pennsylvania are distinguished by “tiers” for the purpose of the sexual offender registry. 

Tier 1:

  • Unlawful restraint
  • Corruption of minors
  • False imprisonment
  • Indecent assault
  • Interference with custody of children
  • Institutional sexual assault

Tier 2:

  • Prostitution and related offenses
  • Statutory sexual assault
  • Unlawful contact with minors
  • Sexual exploitation of children
  • Sex trafficking of children
  • Sexual abuse of a ward or minor

Tier 3:

  • Kidnapping
  • Sexual assault
  • Rape
  • Sexual abuse
  • Aggravated sexual abuse
  • Incest

Tier 1 offenders must usually stay on the sex offender registry for 15 years, Tier 2 offenders for 25 years, and Tier 3 for life. Residential restrictions include all households and businesses within 250 feet of where the offender lives being notified and receiving a community notification flyer if the offender has been labeled a sexually violent predator. The sex offender must not live or commute near child safety zones such as schools or playgrounds. 

There are travel restrictions for PA offenders traveling to other states—the offender must follow the rules of the destination state. While there are no strict employment restrictions for registered sex offenders in PA, certain offenders might be prohibited from working in an environment that puts them in contact with children. 

What Are Some of the Most Common Defenses to Date Rape Charges?

When charges of date rape arise, there is generally little evidence to support the story of the alleged accused or victim. Date rape charges often refer to one person’s word against another. Because of this, it is vital that if someone accuses you of date rape, you never make any statements to the police until an attorney represents you. While making a statement may seem like the best way to get yourself out of trouble, whatever you say can be taken out of context and used against you. 

Once you have lined up the services of a strong criminal defense attorney, collect as much evidence as possible that fully supports your assertion of innocence. Clothing, relevant receipts, text messages, photographs, or statements from friends or acquaintances could all be important in proving your innocence.  While the defense your attorney will use for your charges will depend on the facts and circumstances of your case, the most common date rape defenses include:

  • You have an alibi—you were not where the victim alleges you were at the time of the date rape, or another person was with you when the alleged rape was supposed to occur. 
  • Your attorney may present character witnesses on your behalf who will state that the person they know is incapable of committing the crime. While this will not entirely exonerate you, such witness testimonies can sway a jury in your direction if the decision is close. 
  • The encounter was consensual. If you can credibly show that what happened was agreed upon by two consenting adults, then you may avoid being convicted of date rape. You may have text messages between yourself and the alleged victim that lend credence to your story of how the encounter really occurred. 
  • Demonstrating a sexual history between yourself and the alleged victim may not entirely exonerate you from the date rape charges, but it could help build a defense on your behalf. 

While the state must prove its case against you beyond a reasonable doubt, this may be little solace for you as you deal with these charges. Having a strong legal advocate by your side from start to finish can make a real difference in how your charges resolve. Secure legal assistance early on, and follow your attorney’s instructions for the best outcome. 


Our Philadelphia Sex Crime Lawyers Can Help

Remember–Date Rape involves the act of rape in which the victim has a casual or pre-existing relationship with the offender, such as a dating relationship. It is important to remember that even if you had a prior sexual relationship with the victim, you could still be accused of date rape if the victim says that there was non-consensual sex on even one occasion. 

Many people mistakenly believe that the police will not investigate an allegation of date rape where the individuals have a prior sexual relationship. Many people mistakenly believe they cannot be convicted if there is no DNA evidence or other evidence corroborating the victim’s accusation. This is not true. You can be convicted when the only evidence is the victim’s word. 

When charged with a sex crime, the mere accusation of the crime can devastate your life and seriously harm your reputation, career, and personal relationships. A sex crime conviction can follow you for the rest of your life. If convicted, you can face a lifetime registration as a sex offender, as well as severe criminal penalties. Regardless of the severity or circumstances of your offense, your sex offender registration becomes public record, and your neighbors and employers will be able to see this identification indefinitely. 

Our team of Philadelphia criminal defense lawyers is working on your case so that you have the benefit of several attorneys, including Lee and using their combined efforts and experience to get you the justice you and your family need.  Get Justice.  

When you have been accused of date rape 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.