Philadelphia Sexual Assault Rape Lawyers

Are you facing charges of sexual assault or rape in Pennsylvania? If so, these are grave charges that can devastate your entire life and future. Even if you are not found guilty in court, your life will never be the same. Relationships are often torn apart and lives destroyed after an allegation of sexual assault or rape. There is a very real social stigma to all sex crimes, so even if you are innocent of the charges, you are likely to be treated as guilty.

If you find yourself suddenly charged with sexual assault or rape, It is important to hire an experienced Pennsylvania criminal defense attorney quickly. The sooner your attorney is on your case, the better they can find the evidence needed to result in an acquittal, have the charges reduced to lesser charges, or negotiate for fewer penalties.  

What is Sexual Assault in Philadelphia?

In the state of Pennsylvania, sexual assault is defined as engaging in sexual intercourse or deviate sexual intercourse with another person without that person’s consent. Sexual assault is a second-degree felony. The elements that define sexual assault include:

  • There was no consent; either the victim did not consent or could not consent. Those that cannot consent include an unconscious person, a person who has been deliberately drugged, a mentally incapacitated person, or a minor. 
  • Even the most “reasonable” person would not have been able to resist the assault. 
  • The victim was under the age of 13.
  • The victim was under the age of 16, the offender was a minimum of four years older, and the two were not married. 

What is Rape in Philadelphia?

The crime of rape occurs when one individual forcibly, or under the threat of force, engages in sexual intercourse with another person. Rape can occur when the defendant has significantly impaired the victim’s ability to control his or her conduct by deliberately drugging or intoxicating the victim (without their knowledge), or when the victim is mentally disabled. The forcible compulsion or threat of forcible compulsion would prevent resistance by a reasonable person in similar circumstances of rape. When a child is raped, it is a separate offense—either “rape of a child” or “rape of a child with serious bodily injury.” 

What’s the Difference Between Sexual Assault and Rape?

Although the terms “rape” and “sexual assault” are often used interchangeably, there are differences between the two. 

As a first-degree felony, rape is the more serious of the two crimes, yet sexual assault encompasses more than rape. Charges of sexual assault mean the offender had sexual intercourse or deviate sexual intercourse with a victim who did not give explicit consent.

Rape is also non-consensual but is accomplished through force, physical restraint, violence, or threats to exert power and control. 

Both rape and sexual assault could be charged when the suspect has sexual intercourse with an unconscious, drugged, or intoxicated person, the suspect used intoxicants to make the victim less likely to resist, or the victim is mentally incapacitated. 

What Should I Do—Or Not Do—If Charged with Sexual Assault or Rape?

If you’ve been charged with rape, the most important thing you can do is speak to a Pennsylvania sex crimes defense attorney as quickly as possible. Your attorney will then do the following:

  • Gather and preserve any physical evidence that could point to your innocence and is related to the alleged crime—clothing, photos, objects, videos) before it disappears. 
  • Gather and preserve any documents or records related to the case, like letters, emails, or other records that might prove your innocence. 
  • Gain copies of your phone, GPS records, computer records, or witness testimony could be your alibi for the crime. 
  • Secure contact information for anyone who might know about the incident, the allegations, or the alleged victim.

Any evidence or information you gather should be given to your attorney so he or she can begin building a defense on your behalf. 

As important as what you should do is what you should not do. You should never attempt to speak to the alleged victim or have any contact whatsoever with the individual. Doing so can make it much more difficult for your attorney to defend you. You should not talk to law enforcement or investigators without your attorney present. You should not agree to any tests that are not mandatory—such as a DNA test before your arrest. Do not give law enforcement any evidence to use against you. Statements can be taken out of context, and the most innocent words or actions can be twisted around and used against you. 

What Are the Penalties for Sexual Assault/Rape?

Sexual assault is a second-degree felony, while rape is a first-degree felony. If you are convicted of sexual assault, you will face up to ten years in prison and fines as large as $25,000. If you are convicted of rape, you will face up to 20 years in prison and fines as large as $25,000. You will also be required to register as a sex offender for a very long time. This can impact where you live and where you work—if you can secure employment at all. 

Is Sexual Registry Mandatory for a Conviction of Sexual Assault or Rape?

If you are convicted of rape, you will be considered a Tier III offender, which means you will have to appear at a Pennsylvania State Police Office every three months for the remainder of your life. If you are convicted of sexual assault, you will be considered a Tier II offender, meaning you must appear at a Pennsylvania state police office every six months for 25 years. In addition to this in-person reporting, if any of the following changes, you will be required to appear in person at an approved Registration or Verification Site within three business days:

  • Name change
  • Residence change/termination of residence
  • Job change/new job/being fired from a job
  • Enrolling as a student, or a change in student enrollment
  • Telephone number or email change
  • Termination of motor vehicle ownership, including watercraft or aircraft
  • Commencement, change, or termination in temporary lodging
  • Any additions, changes, or terminations of information relating to professional or occupational licensing

Are There Defenses to Sexual Assault and Rape?

The defense your attorney will use for your charges will depend on your situation and the facts and evidence related to those charges. There are, however, certain defenses that are more commonly used for rape or sexual assault, including:

  • Actual innocence is a fundamental defense for rape or sexual assault. If you are innocent of the charges, you may have to have an alibi to prove your innocence—i.e., you were with another person or at another place where others saw you at the time of the rape or assault. Your attorney may bring in alibi witnesses to confirm your whereabouts at the time in question and present surveillance footage, store receipts, phone records, or vehicle GPS data to prove your innocence. 
  • Misidentification by the victim is also essentially an innocence defense. Your attorney will want to show that either the alleged victim is lying about the assault or rape, or that they are simply mistaken about the person that assaulted or raped them. The victim could have some underlying motive to harm you, such as to gain the upper hand in a divorce or child custody proceeding or simply as a method of revenge for a real or perceived slight. 
  • Consent is often a defense in cases like these. You might have had sexual relations with the alleged victim, but the sex was consensual. Of course, there can be no consent if the alleged crime involves a child or teen under 16 or a person with a mental illness.  
  • Your rights were violated—either you were not properly Mirandized, you were denied an attorney, or there was an unlawful search and seizure of evidence. 
  • Mistakes were made by the police or the prosecution that resulted in an inability for you to get a fair trial. 
  • Insanity is a defense—you can claim that mental illness impaired your ability to use moral judgment—but this defense is rarely accepted in a rape or sexual assault case. 

Even the tiniest detail can be important to your defense if you’ve been charged with rape or sexual assault. It is important that you find a criminal defense attorney that is highly experienced in sex crimes and has a good track record of positive outcomes to charges of rape/sexual assault. You want an attorney you trust and one that you communicate well with. Having a strong legal advocate by your side during this difficult time can make a huge difference—both in the outcome of your charges as well as in how well you make it through the process. 

Getting the Help You Need Following Philadelphia Sexual Assault/Rape Charges 

Our team of Pennsylvania criminal defense lawyers is ready to fight your accusations or arrest for sexual assault crimes, including:

Our team of Philadelphia criminal defense lawyers is working on your 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.  Get Justice.  

When you have been accused of date rape 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.