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Philadelphia Rape Defense Lawyer

Sex Crimes are Serious Offenses

Sex CrimesSexual offenses can result in severe penalties and lifelong consequences, including registration as a sex offender in many cases. Even an allegation could cause irreparable harm to your reputation and your future. That is why it’s necessary to hire a veteran criminal defense attorney as soon as possible if you are suspected of committing a sexual offense or have already been charged. We aggressively defend individuals charged with these very serious crimes. Some of the sexual offenses we handle are discussed further below.

Rape

Some states use the terms rape and sexual assault interchangeably. In Pennsylvania, however, they are considered two separate crimes, which vary in severity. Rape is the more serious offense, and occurs when a person engages in sexual intercourse with another by using force or threatening to use force. Rape also includes intercourse with an individual who is unconscious, drugged, or otherwise incapable of providing consent.

Rape is graded as a first degree felony, which is punishable by up to 20 years in prison and a $25,000 fine. If the defendant caused the complainant to be impaired at the time of the offense through the use of substances that render the complainant less likely to resist, an additional 10 years in prison and additional fine of up to $100,000 can be added to the defendant’s already hefty sentence.

Sexual Assault

Sexual assault occurs when there is unwanted or forced sexual contact with someone who does not consent or is unable to provide consent. Sexual Assault includes not only intercourse, but also a broader range of actions such as groping or fondling the intimate parts of another without that person’s consent. Sexual Assault charges often result from misunderstandings, for instance, when too much alcohol has been consumed, or by an intentional lie on the part of the complainant. When that happens, you need to have a seasoned trial lawyer on your side who can challenge the prosecution’s case and thoroughly cross-examine all the witnesses to expose their motivation for testifying or even bringing the charges in the first place.

Involuntary Deviate Sexual Intercourse

Crichton LawPennsylvania’s Involuntary Deviate Sexual Intercourse (IDSI) statute makes it illegal to engage in oral or anal sex with an unwilling person, utilize a foreign object to penetrate an unwilling person, or to have sex with an animal. IDSI also occurs when a person engages in such acts by force or threat of force, or with someone who is unconscious or unable to consent due to age or mental capacity. Like Rape, IDSI is a first degree felony and can result in a prison sentence of 20 years. Furthermore, an additional 10 years in prison can be added if the offender used a substance such as a date rape drug to commit IDSI.

Indecent Assault

Indecent Assault charges stem from an allegation that the defendant had indecent contact with another individual without that person’s consent or that the defendant caused the complainant to come into contact with seminal fluid, urine or feces for purposes of satisfying sexual desires. The penalty for Indecent Assault varies based on the age of the complainant and the defendant, as well as other factors present at the time of the offense. For example, Indecent Assault is a second degree misdemeanor if there was no consent or if the complainant was younger than 16 and the defendant was over four years older than the complainant. However, it becomes a first degree misdemeanor with a harsher penalty if the defendant used or threatened to use force, the complainant was unconscious, incapable of giving consent due to a mental disability, or under the age of 13 years of age.

Corruption of Minors

In Pennsylvania, it is a crime to corrupt the morals of a minor or aid, abet, entice, or encourage a minor to commit a crime. While Corruption of Minors is most often charged in relation to sex crimes, it is possible to be charged with Corruption of Minors in connection to a wide range of other offenses as well. In other words, you could be charged with Corruption of Minors for using your child to assist in committing an offense or simply having your child with you when you commit an offense. The penalty for a Corruption of Minors charge depends on the type of activities alleged to have occurred. If the Corruption of Minors charge relates to sexual activity, the offense is graded as a felony and is punishable by up to seven years in prison. Corruption of Minors relating to other types of offenses are misdemeanors which can result in a sentence of up to five years in prison. Regardless of the type of related offense, Corruption of Minors is a serious offense and should not be taken lightly.

Indecent Exposure

Indecent exposure occurs when an individual exposes their genitals in public or in a place where others can see you and be alarmed, annoyed or offended. The penalty for Indecent Exposure is increased if the offender knew or should have known that children under the age of 16 years of age were present at the time of the offense.

Sex Offender Registration and Notification Act “SORNA” (Megan’s Law)

Many Pennsylvania Sex crimes also involving registry in the sex offender database. This known as SORNA and commonly referred to as Megan’s Law. Registering as a sex offender is often one of the most difficult and long lasting collateral consequence of a sex crime conviction. There are three tiers to the registry: Lifetime, 25 years and 15 years. During the period of supervision, the offender is required to check in with the state police yearly, may have restrictions on where they can travel and with whom they can associate. Offenders may even be prevented from living with or visiting their own children (even when the underlying offense does not involve children).

  • Tier I SORNA Offenses (15 Years):
    • Unlawful Restraint (18 Pa.C.S. § 2902(b))
    • False Imprisonment (18 Pa.C.S. § 2903(b))
    • Interference with the Custody of Children (18 Pa.C.S. § 2904)
    • Luring of a Child (18 Pa.C.S. § 2910)
    • Institutional Sexual Assault (18 Pa.C.S. § 3124.2(a))
    • Indecent Assault (18 Pa.C.S. § 3126(a)(1))
    • Corruption of Minors (18 Pa.C.S. § 6301(a)(1)(ii))
    • Sexual Abuse of Children (18 Pa.C.S. § 6312(d))
    • Invasion of Privacy (18 Pa.C.S. § 7507.1)
    • Video Voyeurism (18 U.S.C. § 1801)
    • Sexual Exploitation of Minors 18 U.S.C. § 2252 (relating to certain activities relating to material involving the sexual exploitation of minors).
    • Material Relating to Child Pornography (18 U.S.C. § 2252A)
    • Misleading Domain Names on the Internet (18 U.S.C. § 2252B)
    • Misleading Words or Images on the Internet (18 U.S.C. § 2252C)
    • Coercion and Enticement (18 U.S.C. § 2422(a))
    • Transportation of Minors With Intent to Engage in Sexual Activity (18 U.S.C. § 2423(b))
    • Engaging in Illicit Sexual Conduct With Minors in Foreign Places (18 U.S.C. § 2423(c))
    • Filing Factual Statement About An Alien Individual (18 U.S.C. § 2424)
    • Use of Interstate Facilities to Transmit Information About a Minor (18 U.S.C. § 2425)
    • Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
    • Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier I and the offender:
      • Resides in the Commonwealth; or
      • Is employed or carries on a vocation in the Commonwealth; or
      • Is a student in the Commonwealth.
  • Tier II SORNA Offenses (25 Years):
    • Statutory Sexual Assault (18 Pa.C.S. § 3122.1(a)(2))(1.1); 18 Pa.C.S. § 3124.2(a.2) and (a.3); (1.2) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8). )
    • Prostitution (18 Pa.C.S. § 5902(b.1))
    • Obscene and Other Sexual Materials and Performances (18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6))
    • Sexual Abuse of a Minor (18 Pa.C.S. § 6312(b) and (c).
    • Unlawful Contact with a Minor (18 Pa.C.S. § 6318)
    • Exploitation of Children (18 Pa.C.S. § 6320)
    • Sex Trafficking of Children by Force, Fraud, or Coercion (18 U.S.C. § 1591)
    • Sexual Abuse of a Minor (18 U.S.C. § 2243)
    • Abusive Sexual Contact 18 U.S.C. § 2244)
    • Sexual Exploitation of Children (18 U.S.C. § 2251)
    • Buying or Selling of Children (18 U.S.C. § 2251A)
    • Certain activities relating to material involving the sexual exploitation of minors (18 U.S.C. § 2252)
    • Production of sexually explicit depictions of a minor for importation into the United States (18 U.S.C. § 2260)
    • Transportation of a Person With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2421)
    • Coercing a Person to Travel With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2422(b))
    • Transportation of a Minor With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2423(a))
    • Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
    • Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier II and the offender:
      • Resides in the Commonwealth; or
      • Is employed or carries on a vocation in the Commonwealth; or
      • Is a student in the Commonwealth.
  • Tier III SORNA Offenses (Lifetime):
    • Kidnapping (18 Pa.C.S. § 2901(a.1))
    • Rape (18 Pa.C.S. § 3121)
    • Statutory Sexual Assault (Minor is under the age of 16, the Defendant is 11 or more years older than the Minor and the Minor and Defendant are not married) (18 Pa.C.S. § 3122.1(b))
    • Involuntary Deviate Sexual Intercourse (18 Pa.C.S. § 3123)
    • Sexual Assault (18 Pa.C.S. § 3124.1)
    • Institutional Sexual Assault (18 Pa.C.S. § 3124.2(a.1))
    • Aggravated Indecent Assault (18 Pa.C.S. § 3125)
    • Indecent Assault of a Person Under 13 Years of Age (18 Pa.C.S. § 3126(a)(7))
    • Incest (18 Pa.C.S. § 4302(b))
    • Aggravated Sexual Abuse (18 U.S.C. § 2241)
    • Sexual Abuse(18 U.S.C. § 2242)
    • Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
    • An offense listed as a Tier II sexual offense where there is a subsequent conviction for an offense graded as a felony
    • Two or more convictions for offenses listed in Tier I or Tier II
    • Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier III and the offender:
      • Resides in the Commonwealth; or
      • Is employed or carries on a vocation in the Commonwealth; or
      • Is a student in the Commonwealth.

Philadelphia Rape Defense Lawyer

If you or a family member was recently arrested and charged with rape or related offenses in the Philadelphia area, effective legal representation is essential to defending your rights, your reputation, and your very freedom itself. You need a rape defense attorney who has successfully handled numerous cases, and understands how to tactically approach the challenges and legal defenses that are pertinent to your case.

Criminal cases involving rape accusations can often be emotional, but our attorneys will make sure that your rights are protected, and that you do not become the victim of a witch hunt that is based on false accusations, mistaken identity, or evidence that was improperly obtained or handled. We will handle your case with precision and professionalism, using sophisticated legal strategies and keeping you informed and up-to-date at every step of the process.

Get the robust legal defense you require if you were arrested for rape or other sex crimes in Pennsylvania. Contact Troy Crichton at (267) 225-3317  for a free and confidential legal consultation.

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