What are the Different Sexual Assault Charges in PA?

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Last Updated on: 10th October 2023, 07:55 pm

What are the Different Sexual Assault Charges in PA?

Sexual assault is a big problem here in Pennsylvania. Lots of folks get charged with it every year. This article will explain the different charges, what they mean, and the punishments if you get convicted. I’ll also talk about some defenses that might work.

First off, sexual assault means any non-consensual sexual contact. It’s a broad category that can cover a lot of stuff. The main charges are:

• Rape
• Statutory Sexual Assault
• Involuntary Deviate Sexual Intercourse (IDSI)
• Sexual Assault
• Indecent Assault
• Aggravated Indecent Assault

Rape

This is probably the most serious charge. It means sexual intercourse (vaginal, oral, or anal) without consent. Lack of consent could be because of force, threat of force, unconsciousness, impairment by drugs/alcohol, or mental disability making the victim unable to consent. Rape is a felony with up to 20 years in prison.

Statutory Sexual Assault

This applies when the victim is under 16 and the defendant is 4 or more years older. Even if the victim consents, it’s still illegal. The age difference determines the felony level. 4-8 years older is 2nd degree felony (up to 10 years prison). 11+ years older is 1st degree (up to 20 years prison).

Involuntary Deviate Sexual Intercourse (IDSI)

This is basically forced oral or anal sex. It’s treated the same as rape with similar prison sentences. IDSI charges often go along with rape charges.

Sexual Assault

This is a broad charge that covers non-consensual sex that doesn’t fit the specific definitions of rape or IDSI. It includes intercourse, deviate intercourse, and penetration with objects. Sexual assault is a 2nd degree felony (up to 10 years prison).

Indecent Assault

This covers non-consensual indecent contact for sexual gratification, such as groping. It can also include forcing indecent contact with bodily fluids. The charge level depends on circumstances like force, unconsciousness, age difference, etc. It ranges from misdemeanor up to 3rd degree felony (up to 7 years prison).

Aggravated Indecent Assault

This is indecent contact that includes penetration of genitals/anus. It’s similar to rape but doesn’t require intercourse. Aggravated indecent assault is a 2nd degree felony (up to 10 years prison), or 1st degree felony (up to 20 years) if the victim is under 13.

Penalties

As you can see, penalties get pretty severe for the higher charges like rape, IDSI, and aggravated indecent assault. Even the lower charges can result in years in prison. All these charges will also put you on the sex offender registry, sometimes for life.

Defenses

There are defenses that can work in some cases. The main ones are:

• Consent – Argue the contact was consensual
• Mistaken identity – You weren’t the perpetrator
• False accusations – The charges are totally fabricated
• Lack of evidence – The prosecution can’t prove their case

An experienced criminal defense lawyer can evaluate the evidence and figure out the best defense. They can also negotiate with the prosecutor, argue to get charges reduced or dismissed, and take the case to trial if necessary.

Conclusion

Sex crime charges in Pennsylvania have severe penalties, but the right defense can make a big difference. Don’t go it alone against the criminal justice system. Get an attorney on your side.

Here are some useful references on Pennsylvania sexual assault laws:

Pennsylvania Consolidated Statutes Title 18 Chapter 31

Pennsylvania Sexual Offenses & Predators pamphlet

Pennsylvania Coalition Against Rape – Sexual Violence Law in PA

PA Attorney General’s sexual assault awareness guide