Philadelphia Involuntary Deviate Sexual Assault Lawyers

What is Involuntary Deviate Sexual Assault?

Involuntary deviate sexual intercourse (IDSI) is one of the most severe crimes in the Pennsylvania Crimes Code. IDSI is a crime that is similar to rape in that forcible compulsion, or a threat of forcible compulsion must exist.

Forcible compulsion means there was physical force present that overcame resistance or an express or implied threat, placing the victim in fear of bodily injury or death to themselves or in fear that they or another person will get kidnapped.

While rape encompasses “regular” sexual relations, deviate sexual intercourse, as defined in the Pennsylvania Crimes Code, includes oral sex, anal sex, sexual intercourse with an animal, or penetration of another’s genitals with a foreign object.

The statute for involuntary deviate sexual assault expands on the rape statute, covering penetration with a foreign object and sexual intercourse with an animal. IDSI does not penalize “traditional” vaginal intercourse but is almost identical to the rape statute regarding oral and anal sex.

If a victim is forcibly sodomized, the prosecutor could charge the defendant with rape or involuntary deviate sexual assault. Both offenses are first-degree felonies, and both are grave crimes that require the services of a highly knowledgeable criminal defense attorney.

Involuntary deviate sexual assault can have more severe penalties if the victim is younger than sixteen and the defendant is four or more years older, and even more severe penalties if the victim is younger than thirteen years or the child suffers serious bodily injury as a result. So, a person can be found guilty of IDSI when they engage in deviate sexual intercourse and:

The victim is prevented from resisting by force or threat of force
The victim is unconscious or unaware
The victim has been given drugs or alcohol by the defendant to minimize resistance
The victim has a mental disability that renders them incapable of giving consent
The victim is less than 16 or more than four years younger than the defendant
The victim is younger than 13
The victim is younger than 13 and suffered serious bodily harm as a result of the involuntary deviate sexual assault

Time is of the essence when you get charged with involuntary deviate sexual assault. You need an attorney to protect your rights and future as quickly as possible.

Involuntary Deviate Sexual Intercourse in Pennsylvania

Involuntary Deviate Sexual Intercourse § 3123

” (a) Offense defined.–A person commits a felony of the first degree when the person engages in deviate sexual intercourse with a complainant:

(1) by forcible compulsion;

(2) by the threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(3) who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;

(4) where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means to prevent resistance;

(5) who suffers from a mental disability which renders him or her incapable of consent;

(6) (Deleted by amendment).

(7) who is less than 16 years of age and the person is four or more years older than the complainant, and the complainant and person are not married to each other.

(b) Involuntary deviate sexual intercourse with a child.–A person commits involuntary deviate sexual intercourse with a child, a felony of the first degree when the person engages in deviate sexual intercourse with a complainant who is less than 13 years of age.

(c) Involuntary deviate sexual intercourse with a child with serious bodily injury.–A person commits an offense under this section with a child resulting in serious bodily injury, a felony of the first degree when the person violates this section and the complainant is less than 13 years of age and the

complainant suffers serious bodily injury in the course of the offense.

(d) Sentences.–Notwithstanding the provisions of section 1103 (relating to a sentence of imprisonment for a felony), a person convicted of an offense under:

(1) Subsection (b) shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years.

(2) Subsection (c) shall be sentenced up to a maximum term of life imprisonment”.

What Are the Potential Penalties for Involuntary Deviate Sexual Assault?

A conviction for involuntary deviate sexual assault is a conviction for a first-degree felony with extremely harsh penalties. Judges are unlikely to go easy on sentencing for this crime, with punishments including:

Up to 20 years in prison and up to $25,000 in fines
If the offense was committed against a child less than 13 years old, the maximum sentence is 40 years in prison, with up to $25,000 in fines.
If the offense was committed against a child and the child suffered serious bodily injury, the maximum sentence is life in prison with up to $25,000 in fines.
There is a mandatory 10-year minimum sentence when the victim of the involuntary deiate sexual assault is 16 years old or younger.
If the victim was drugged or they were impaired and incapable of consent due to some other method, the prison term can increase by ten years, and fines can increase to $100,000.

In addition to prison, fines, and mandatory sex offender counseling and treatment, those convicted of involuntary deviate sexual assault must register as sex offenders for the remainder of their life.

If you must participate in the Pennsylvania sex registry, you could find it difficult to find a place to live and extremely difficult to find employment. You will have to register with the state every three months for the rest of your life. Failure to register as a sex offender is a felony offense and can lead to more prison time and fines.

What Are the Defenses for Involuntary Deviate Sexual Assault?

If you get charged with IDSI, you must not delay hiring an experienced sex offense attorney like Lee Ciccarelli. The sooner you do so, the sooner your attorney can begin building a defense for you. Whether negotiating for lesser charges, defending you in court, or negotiating for lower penalties, your attorney will work on your behalf from start to finish.

While your specific defense for the charges of involuntary deviate sexual assault will depend on the facts and circumstances surrounding your charges—as well as the evidence against you—some of the more common defenses include:

The other person consented to the sexual act
The alleged victim did not tell the truth or is not a credible witness
There was a misidentification of the defendant by the alleged victim
There was a misunderstanding or mistake
Any evidence collected was not done so legally
The police officers made mistakes during your arrest
You were denied your right to an attorney or were not read your Miranda rights
Officers mishandled evidence or made mistakes with the evidence

The circumstances that led to your charges will help your attorney determine the best options and defenses. Sometimes, it is best to go to trial and seek an acquittal. In other cases, a plea can get negotiated if your attorney can refute at least some of the prosecutor’s evidence. The goal would be to negotiate a plea to a non-sex offense charge that precludes mandatory sex offender registration. You need an attorney who will never judge and advocate fiercely for your future.

Charges of involuntary deviate sexual assault are not charges that should ever be faced on your own—even if you are 100 percent innocent of the charges. Many innocent people are currently in prisons and jails across the United States, so don’t think you don’t need an attorney simply because you are innocent. You may be guilty of the charges—but with extenuating circumstances, that would lessen your charges or penalties. Having a strong attorney by your side will make a difference in the outcome of your charges.

Getting the Help You Need Following Charges of Involuntary Deviate Sexual Assault

Look to Lee Ciccarelli and his team of experienced, aggressive criminal defense lawyers to fight for you when it matters. Contact us 24/7 by email or at (215) 515-6111.

Our team of Pennsylvania criminal defense lawyers is here to help you after you get accused of a sex crime. We work tirelessly to protect you and your future. After all, everyone is innocent until proven guilty.

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.

Justice for the Accused