Philadelphia Statutory Sexual Assault Lawyers
Statutory Rape Defense in Philadelphia
Facing charges of statutory sexual assault is scary. You may find yourself stuck in the criminal justice system without knowing your rights. Prosecutors may look to make an example of you and put you behind bars for a long time. Even worse, if you get convicted, you could face penalties and consequences for the rest of your life.
Statutory sexual assault is a first-class or second-class felony that can place you behind bars for two decades. Having a solid, highly skilled Pennsylvania criminal defense attorney by your side can make a difference in the outcome of your charges. Your attorney will fight for you—for your rights and your future. These are not charges that you should even think of facing alone.
The collateral consequences to your reputation, your ability to obtain employment or rent a home, and the mandate to register as a sex offender for the remainder of your life are all severe.
Following your charges, you must speak to an experienced Pennsylvania criminal defense attorney as quickly as possible. The sooner your attorney can investigate your charges, the better the outcome will likely be.
What is Statutory Sexual Assault in Philadelphia?
Statutory sexual assault refers to an individual having sexual intercourse with someone under the age of consent, therefore, legally unable to consent to sex. The age of consent in the state of Pennsylvania is 16. This means that, unlike other sex offenses like rape or sexual assault, force and lack of consent are elements of the crime. Even if the minor “consented” (which they cannot legally do), having sex with a minor remains a criminal offense.
Statutory sexual assault is a second-degree felony when an individual engages in sexual intercourse with a person who is under the age of sixteen whom they are not married and:
- The older person is at least four years older than the minor but less than eight years older or is at least eight years older but less than 11 years older than the minor.
Statutory sexual assault becomes a first-degree felony when an individual engages in sexual intercourse with a person under 16 when the older individual is 11 or more years older than the minor. Therefore, if a 19-year-old is having sex with a 15-year-old the charge would be a second-degree felony, but if a 35-year-old is having sex with a 15-year-old, the charge would be a first-degree felony. If a couple is married, then the statutory sexual assault charges do not apply. However, as of 2020, Pennsylvania law makes it illegal for anyone under 18 to obtain a marriage license.
It may or may not be legal for teens 13, 14, or 15 to engage in sexual activity with those less than four years older. While it is likely that statutory rape charges will not apply, other criminal offenses might apply, even when the sex is consensual.
To address this specific situation, “the state created Romeo and Juliet” laws. The minor must be over 13 for the Romeo and Juliet law to apply, and their partner must be less than four years older. It is always illegal to have sex with someone under 13.
While your reputation and freedom are at stake, you can fight charges of statutory sexual assault in court. Even in situations where a not-guilty verdict is not possible, your attorney may get the charges reduced and/or the penalties lessened.
Pennsylvania Statutes Associated with 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.
What Are the Penalties for a Conviction of Statutory Sexual Assault?
If the court convicts you of a second-degree felony under statutory sexual assault, you will face up to ten years in prison and a fine as large as $25,000. If the court convicts you of a first-degree felony under statutory sexual assault, you could face up to twenty years in prison and a fine as large as $25,000. You must speak to a knowledgeable criminal defense attorney quickly to minimize the consequences of your charges.
Collateral Damages Associated with a Statutory Sexual Assault Conviction
In addition to a potential sentence of time behind bars and a huge fine, you may face many other penalties. Accusations of statutory sexual assault will damage your reputation, whether you are found guilty of the offense or not. People judge those accused of a sex crime much more harshly, even than those accused of murder. This social stigma can be difficult to overcome. If you already have a professional license, you could potentially lose that license if you are convicted of statutory sexual assault.
If you were planning to obtain a professional license, that might never happen because of this conviction.
You will be required to register as a sexual offender for 25 years if convicted. Twice a year, every year, you will be required to go to a PA State Police location and have your photo taken. Anyone can look you up and see where you live and work. If your address or other contact information changes, you must immediately report those changes. You may find it difficult to rent a home or obtain a government student loan following a statutory sexual assault conviction.
Are There Defenses to Statutory Sexual Assault?
There are few defenses to statutory sexual assault other than actual innocence. For this to be true, the minor must have lied about the two of you having sex. While this is possible, it’s relatively rare. If you confessed to the crime to the police, your attorney might be able to prove that the police illegally obtained the confession or made other mistakes.
If the police violated your rights—perhaps you were not Mirandized or denied an attorney after you asked for one—these could also be reasons to have your charges dismissed. Sometimes, investigators and officers illegally collected physical evidence. DNA and clothing could be rendered inadmissible if the police failed to obtain a search warrant or lacked probable cause for a search warrant.
Helping Those Charged with Statutory Sexual Assault in Philadelphia
Our team of Philadelphia criminal defense lawyers is working on your sexual assault 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.
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 child pornography 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.