Philadelphia Statutory Rape Lawyers

Have You Been Accused of Statutory Rape?

In the state of Pennsylvania, statutory rape occurs when an adult (a person who is 18 years or older) has sex with a minor (a person under the age of 16), even when the sex is consensual. Minors are considered incapable of agreeing to sex. Therefore even consensual sex is a criminal offense for the older person. The age of consent varies among states, and many states differentiate between consensual sex between minors who are close in age and sex between a minor and an older adult. 

Being charged with statutory rape can devastate your life—your family, career, employment, and much more. Statutory rape is a sex crime. Therefore, you may be found guilty in the court of public opinion even if you are not guilty in a court of law. This is not a charge you should take lightly, as a conviction can have serious repercussions for a very long time.  If convicted, in addition to fines and prison time, in some instances, those convicted of statutory rape must register as sex offenders. Registering as a sex offender will govern where you live and work. 

The state of Pennsylvania has a marital exemption for statutory rape that allows consensual sex between a married minor and their spouse. This is true even though this would be prohibited due to their ages if they were not married. Statutory rape can become an even more serious crime when the sex is between a teacher and a school student who is considered to be under the care of the teacher or other school employee. When a teacher is found to have had sex with a minor student, the offense is a third-degree felony, punishable by up to seven years in prison, a fine as large as $15,000, or both. 

Pennsylvania Statutes for Statutory Rape/Statutory Sexual Assault

Statutory Rape is now known as Statutory Sexual Assault

§ 3122.1.  Statutory sexual assault

“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 under the age of 16 years and that person is four or more years older than the complainant, and the complainant and the person are not married to each other”

Are There Exceptions to Statutory Rape?

The state of Pennsylvania has provisions for a reasonable age mistake for those charged with statutory rape. The “critical” age is 14—the criminal offense depends on the defendant’s ability to prove that they reasonably believed the child was above 14. This defense does not apply to any victim who is 13 years old or younger. Therefore, if a 15-year-old shows a 23-year-old a fake ID—and the 15-year-old looks older than 15, then the older person might be able to show that he had a reasonable belief the minor was older. 

A 2020 PA law made it illegal for an individual under 18 to obtain a marriage license. Individuals married to minors before this law was enacted would avoid charges of statutory rape. 

The state of Pennsylvania also has what is called a Romeo and Juliet provision. The age difference for statutory rape must be four years or more—meaning an 18-year-old and a 15-year-old can engage in sex without triggering charges of statutory rape.

What Is Institutional Statutory Rape?

Certain relationships (even when no force, blackmail, or untoward conduct occurs) can result in charges of institutional rape. 

If the younger person’s age meets the statutory rape criteria, this relationship can result in charges of institutional statutory rape. Some examples of institutional statutory rape could include:

• Youth development centers where the youth are younger than sixteen years old, with an older employee at the center ( the four-year age difference allowed in “regular” statutory rape does not apply in this case). 
• Youth camps using the same criteria as youth development centers
• State or county juvenile detention facilities where the youth is younger than 16, and the sex occurs with those in charge of running the camp—employees, counselors, wardens, etc. 
• Any licensed residential facility that serves children and youth 
• Any institution or residential facility that provides services to the mentally challenged, when the institution has residents who are sixteen years old or younger
• Schools, when any person who has direct contact with a student at the school (teacher, supervisor, principal, assistant or vice-principal, director of vocational education, school secretary, school nurse, school librarian, nutrition program specialist, substitute teacher, school counselor, bus driver, teacher aide, cafeteria worker, janitor) engages in sex with a student sixteen years old or younger.  
• Any type of center for minors, including group and family homes, boarding homes for those under the age of 16, and centers providing early intervention and drug and alcohol services. 
• Any agency employing a peace officer where minors are present

What Are the Penalties for Statutory Rape?

Your charges and penalties will depend on the age difference between you and the minor you are alleged to have had sex with. 

If you are four or more years older but less than eleven years older than the minor, you could face up to ten years in prison after being charged with a second-degree felony. 

If you are eleven or more years older than the minor, the prison term could be as much as 20 years, with a fine as large as $25,000, and the charge would be a first-degree felony.

What Are the Potential Statutory Rape Defenses?

While your defense to charges of statutory rape will depend on the circumstances and facts surrounding your charges, aside from the Romeo and Juliet defense and the marital exception, the following are defenses that are commonly used against charges of statutory rape:

• The confession of the defendant was coerced or otherwise illegally obtained.
• The defendant was denied access to an attorney after asking for one.
• The defendant was not read his or her Miranda rights at the time of the arrest.
• Evidence was illegally obtained, including physical evidence like clothing and DNA—i.e., the police lacked probable cause or failed to obtain a search warrant.
• The evidence was sloppily processed, or there were other laboratory issues. 
• Lack of evidence
• False allegations by the alleged victim
• Actual innocence

What Are the Sexual Registry Requirements When Convicted of Statutory Rape?

Statutory rape (Statutory sexual assault) is considered a Tier 2 offense on the sexual registry, meaning the offender must register as a sexual offender for 25 years. Tier 2 offenders must register every six months for the entire 25 years. The sexual registry can have a devastating effect on where you are allowed to live and where you are allowed to work, not to mention a devastating effect on your relationships. 

Helping Those in Philadelphia

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.