Fighting Allegations of Philadelphia Sexual Assault and Rape

Fighting Allegations of Sexual Assault and Rape in Philadelphia

Being accused of sexual assault or rape can completely turn your life upside down. Even if you’re innocent, these allegations can destroy your reputation, cost you your job, and land you in prison for years. It’s a scary situation for anyone to face.

If you’ve been accused of sexual assault or rape in Philadelphia, don’t panic. There are ways to protect yourself and fight the charges. The key is working with an experienced Philadelphia sex crimes defense lawyer who knows how to handle these sensitive cases. A good lawyer can thoroughly investigate the allegations, build a strong defense on your behalf, and make sure your rights are protected every step of the way.

What Constitutes Sexual Assault and Rape in Philadelphia?

Philadelphia has pretty broad definitions of sexual assault and rape. Sexual assault includes any nonconsensual sexual contact, from inappropriate touching to forced penetration. Rape specifically refers to forced penetration without consent.

Under Pennsylvania law, someone commits sexual assault if they engage in sexual contact without the other person’s consent. Sexual contact means touching the sexual or intimate parts of another person, for arousal or gratification, without their consent.

Rape charges can be brought if someone engages in sexual intercourse with another person by forcible compulsion, threat of forcible compulsion, drugging them, or taking advantage when they are unconscious or mentally disabled and can’t consent.

The key in these cases comes down to consent – or lack of consent. Even if no weapons or physical force were used, it can still be considered sexual assault or rape if the victim did not give consent.

How Can a Lawyer Start Building Your Defense?

As soon as you’ve been accused, it’s important to hire a lawyer experienced with Philadelphia sex crimes cases. An aggressive defense attorney will start investigating right away to find any evidence that can help prove your innocence. This can include:

• Looking into the background of the accuser. Do they have a history of making false accusations or a motive to lie? Mental health issues?
• Analyzing digital evidence. Your lawyer can bring in computer forensics experts to examine phones, computers, social media accounts, texts/emails for exonerating evidence.
• Interviewing potential witnesses like people at the bar, party, or other location where the incident allegedly occurred. Witness statements can be huge.
• Collecting medical/forensic evidence like rape kits, DNA tests, toxicology reports. Scientific evidence or lack of evidence can shed light on what really happened.
• Consulting with expert witnesses as needed – psychiatrists, DNA analysts, etc. Their testimony can be crucial.
• Scouring the scene of the alleged crime for security camera footage that may have captured what happened. This video evidence can fully exonerate you.
• Looking into whether the accuser made prior inconsistent statements to police and prosecutors compared to what they’re claiming now. This damages their credibility.
• Digging into the accuser’s sexual history. In certain cases, your lawyer may be able to get this admitted as evidence in Pennsylvania.

Your lawyer will also advise you not to speak to anyone about the case without them present – not the police, media, or even friends. Anything you say can be used against you.

Potential Defenses to Sexual Assault and Rape Charges

Once your lawyer has thoroughly investigated the allegations, they’ll determine the best defense strategies to pursue. Here are some of the most common defenses used in Philadelphia sexual assault and rape cases:

• Consent – You can argue the accuser consented to the sexual contact. For example, perhaps they were a willing participant but changed their mind after the fact out of regret or anger. Or maybe they consented while intoxicated but don’t remember.
• Mistaken identity – You might claim the accuser misidentified you and the sexual assault was actually committed by someone else who looks similar.
• False accusations – If your lawyer uncovers evidence the accuser is lying or has made up false accusations in the past, this can destroy their credibility. Juries hesitate to convict based on accusations that appear fabricated.
• Mental illness – In some cases, the accuser may be suffering from mental illness that calls their account of what happened into question. This can include conditions like schizophrenia, personality disorders, etc.
• Intoxication – If the accuser was intoxicated during the encounter, they may have perceived things inaccurately or be making unreliable accusations.
• Alibi – You may claim you have an alibi proving you were elsewhere at the time of the alleged assault. Cell phone records, receipts, eyewitnesses, and other evidence can prove your whereabouts.
• Self-defense – In situations where an altercation occurred prior to any sexual contact, you may argue any force used was purely in self-defense after they attacked you first.

Your attorney will decide which defenses give you the best chance at beating the charges. The goal is instilling reasonable doubt in the jury’s mind.

What Are the Potential Penalties if Convicted?

The penalties for sexual assault and rape convictions vary based on the circumstances but can be extremely severe. Even first-time offenses can result in decades behind bars along with a lifetime as a registered sex offender.

For misdemeanor sexual assault in the second or third degree, penalties can include up to 2 years in jail.

Felony sexual assault charges like rape have much stiffer penalties. You could face:

• 5-20 years in state prison.
• Up to $25,000 in fines.
• Lifetime registration as a sex offender under Megan’s Law.
• Sex offender counseling/treatment.
• Restitution to the victim.
• Probation for several years after release.
• Restrictions on employment, housing, and residency due to being a registered sex offender.

Any prior criminal record will also cause penalties to increase. And if a weapon was involved, minimum mandatory sentences come into play requiring even longer incarceration.

The stakes are extremely high, so fighting vigorously against the allegations is critical. An experienced sex crimes lawyer can thoroughly analyze the evidence and build the strongest case possible in your defense.

Don’t Go Through This Alone – Consult a Philadelphia Sex Crimes Lawyer Today

Facing accusations as serious as sexual assault or rape can make you feel helpless and alone. But you don’t have to go through this by yourself. Connect with an aggressive sex crimes defense lawyer in Philadelphia right away. They have the skills and experience to protect your rights, conduct a meticulous investigation, and craft a compelling defense so you have the best chance at beating these life-changing allegations. Don’t leave your future in the hands of chance. Work with a lawyer who will fight tirelessly in your corner.