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Philadelphia Rape Lawyers
When you’re convicted of rape, the consequences of your actions are life-long. Not only do you have to live with whatever legal consequences are given to you in a court of law if you’re convicted, but you also have to live with the damage to your reputation and lifetime changes to your lifestyle. Rape is one of the most serious crimes a person can commit, and it can have a paralyzing effect on your life if you’re convicted of this crime. If you are arrested and charged with raping another person, you cannot hesitate when you are asked if you’d like to contact an attorney. You need an attorney on your side because your life is already changed, and you haven’t even been convicted of a crime at this point.
What is Rape?
The law states that a person is innocent until proven guilty in a court of law, but it’s not a secret that this is not how public opinion works. When you’re arrested and charged with rape, you are going to spend the rest of your life fighting that title even if you’re found innocent of the crime and all the charges are dropped. You need an attorney on your side to help you fight your case, and you need to understand what rape is and what it means.
Rape and sexual assault are two different things. You can only be charged with raping a person if there was sexual penetration. Any other sexual act a person is forced to do against their will is considered assault, even if there was penetration with a foreign object. A defendant convicted of rape can spend years in prison, spend their life paying expensive fines, and even leave prison as a registered sex offender. You need to call an attorney to help you with your case right away.
Proving Rape
To be convicted of rape in Philadelphia, the prosecuting attorney must be able to prove specific factors.
– You used force to have sex with your victim
– You made a threat that prevented another person from objecting
– You provided drugs or alcohol and incapacitated the victim to prevent resistance
– You had sex with someone who was unable to give their consent
– You had sex with a person who didn’t know you were having sex with them
Rape charges are not the same as statutory rape charges, either. If you are accused of statutory rape, everything changes. You don’t have to force someone to have sex with you to be accused of statutory rape. In fact, the other party can be just as willing and eager to engage in intercourse as you are, but their age complicates things. Pennsylvania laws state that no one under the age of 16 is permitted to make the decision to engage in sexual intercourse legally.
Penalties for Rape in Philadelphia
If you are charged with rape in Philadelphia, you face a first-degree felony charge. There is no misdemeanor rape charge in this state. You are automatically considered a felon, and you face up to 20 years in prison as well as tens of thousands of dollars in fines. You must also register as a life-long sex offender in this state when you are released from prison if you are convicted. Failure to do is another crime, and it can cause you to spend more time in jail and pay more fines.
If you are arrested and charged with rape, contact a criminal defense attorney right now. You have rights, and it’s time to exercise those rights in a court of law. Your attorney will go over the evidence, argue your case, and help you either win or have your charges dropped. Your attorney is on your side, and they are the best chance you have of winning your rape charges. This is a life-changing charge, and you don’t get a second chance to get it right.
A rape charge can change your life forever. You could be found guilty before anyone gets to hear your side of the story. Even if you are cleared of any wrongdoing, the stigma can still be attached to your reputation. That is why the best thing that you can do if you are facing a rape charge is to hire an attorney.
Skilled attorneys will aggressively defend people who have been accused of rape. They believe that everyone is entitled to an attorney regardless of the charges that they are facing. Attorneys will make sure that your constitutional rights are protected.
Professional Legal Counsel
An attorney can defend you against any rape charge including marital rape, date rape and statutory rape. The physical evidence that both parties have is the critical element that will determine whether someone will be convicted of rape. Your attorney will carefully examine the evidence. They will also analyze the testimonies of everyone who was involved.
Your attorney will determine whether there are any inconsistencies in the testimonies provided. If the testimonies are inconsistent or there is a lack of evidence, then the rape charges can be dismissed.
The relationship between the two parties and whether the intercourse was consensual will also be taken into consideration.
Pennsylvania Laws On Rape
In order to convict a person of the rape, the person has to be able to prove one of the following.
Force was used.
The defendant threatened the person who was resisting.
The defendant gave the victim drugs and alcohol without their consent or knowledge.
The victim did not have the mental capacity to consent to having sex.
The victim was not aware that the intercourse was going on.
Even if the intercourse was consensual, you can still be convicted of rape if the person was underage. The legal age of consent in Pennsylvania is 16. The age of the person will determine the penalties for statutory rate.
Criminal Penalties for Rape
The vast majority of crimes are classified as misdemeanors or felonies. A misdemeanor or felony can be classified as first-degree, second-degree or third-degree. Rape is considered a first-degree felony in Pennsylvania. If you are convicted of rape, then you may be required to pay a fine of $25,000. You could also spend up to 20 years in prison.
In some cases, the penalties for rape can be even harsher. For example, if a person used a weapon to prevent a person from resisting, then they may be required to spend more time in jail. If a person is convicted of raping a child who is under the age of 13, then they could spend up to 40 years in prison.
Furthermore, once a person is convicted of any sexual crime, they will be required to register as a sex offender. Failing to register as a sex offender can cause one to have to pay additional fines. They may also be required to spend time in jail.
How Pennsylvania Rape Lawyers can Help You
An attorney will defend your rights and reputation. They know how to use the right legal defenses to help your case. It can be scary to face any criminal charge because you do not know what your future will hold. However, attorneys will fight for you. They will make sure that you do not get punished due to mistaken identity, false accusations and improperly handled or obtained evidence.
Your attorney will keep you updated throughout your case. They will use the most up-to-date legal defense strategies.