Pittsburgh Rape Defense Attorney

Accused of Rape in Pittsburgh? Call Worgul, Sarna, & Ness

A single accusation of rape can destroy your reputation and put your freedom at risk. In Pittsburgh, even an arrest — let alone a conviction — can cost you your job, your standing in the community, and years of your life in prison. That’s why it’s critical to hire a Pittsburgh rape defense lawyer as early as possible to protect your rights. Call the sex crime defense attorneys from Worgul, Sarna, & Ness at (412) 388-9721 or fill out our online contact form.

Defending Against Rape Charges in Pittsburgh and Throughout PA

Based in downtown Pittsburgh, Worgul, Sarna & Ness defends clients against rape charges in the Allegheny County Court of Common Pleas. While the majority of our cases involve Pittsburgh and Western Pennsylvania communities such as Mt. Lebanon, Bethel Park, Monroeville, and Cranberry Township, our rape defense attorneys also represent clients across Pennsylvania.

Pennsylvania Rape Laws

In Pennsylvania, rape is a specific sex offense. It differs from sexual assault, indecent assault, and involuntary deviate sexual intercourse.

Under Pennsylvania’s rape law, you can be charged with a first-degree felony if you engage in sexual intercourse with a victim:

• By force.
• By threat of force, which would prevent resistance by a reasonable person.
• Who is unconscious, or when you know that the victim is unaware that sexual intercourse is occurring.
• When you have substantially impaired the victim’s power to appraise or control their conduct by administering or employing, without the victim’s knowledge, drugs, intoxicants, or other means for the purpose of preventing resistance.
• Who suffers from a mental disability, which renders the victim incapable of consent.

If you’re charged with rape in Pittsburgh, your case will typically be prosecuted in the Allegheny County Court of Common Pleas. Prosecutors here are known for pursuing maximum penalties, making it essential to work with a local rape defense attorney who understands Allegheny County judges and juries.

Consent In Pennsylvania Rape Cases

Many rape cases come down to a dispute between the parties involved about whether consent was given or not. You may have honestly believed the sex act was consensual. However, it is possible that someone will make accusations against you afterward and claim they did not consent.

The alleged victim may have felt remorse over their participation, or they might feel angry or malicious. Even if rape charges are dropped before trial, the process is still stressful and damaging.

In Pittsburgh rape trials, many cases hinge on questions of consent. Our attorneys have cross-examined witnesses in the Allegheny County Court of Common Pleas and know how to highlight inconsistencies that can create reasonable doubt for local juries.

Proving Rape Beyond A Reasonable Doubt

If you are charged with rape, the prosecutor has to prove specific elements, which are defined in 18 Pa. Code §3121:

• You performed sexual intercourse. Pennsylvania defines sexual intercourse as vaginal, oral or anal sex. Intercourse, of any type, is performed when there is any amount of penetration, however slight.
• You used force, threats of force, incapacitating substances, or the victim was unconscious, unaware, or mentally disabled. Each of these denotes a lack of consent by the victim.

In general, the prosecutor must prove that you performed oral, anal, or vaginal intercourse on a victim who did not consent. When you reasonably believe that the other party consented to the sexual activity, you need to contact a rape lawyer right away.

In Allegheny County cases, we often challenge the reliability of forensic evidence gathered by the Pittsburgh Bureau of Police or tested at the Allegheny County Crime Lab, as well as contradictions in witness testimony.

The Penalties For Rape In Pennsylvania

Rape is prosecuted as a first-degree felony in Pennsylvania, carrying up to 20 years in prison. In Pittsburgh, judges in the Allegheny County Court of Common Pleas often impose strict penalties, especially when aggravating factors are involved. If you gave someone GHB or another date rape drug, you may face up to 10 additional years in prison.

If you allegedly raped a child under 13 years old, it is a felony of the first degree, and you can be punished with up to 40 years in prison. If the rape offense caused serious bodily injury to the child, then this is a first-degree felony for which you can be sentenced to life in prison.

Pennsylvania Sex Offender Registration

If you are convicted of rape in Pittsburgh or Allegheny County, you must register as a Tier III sex offender — the most serious classification in Pennsylvania. This requires lifetime registration and quarterly in-person check-ins with local police in Allegheny County.

When the rape offense occurred after December 20, 2012, your registration is subject to a tiered system (Tier I, II, or III). Rape is a Tier III sexual offense, which is the most serious. You will be required to register as a sex offender for the rest of your life. You also have to appear at a local police station quarterly—four times per year. If the rape offense was committed before December 20, 2012, then you are classified as a Lifetime Registration. You must appear before the police annually—once per year.

If you fail to register after being released from prison, or you fail to appear when required, you can be charged with the additional crime of failure to register.

Consequences Of A Rape Conviction In PA

If you are convicted of rape in Pittsburgh, you will face incarceration, fines, and mandatory sex offender registration. In addition, Pennsylvania’s Megan’s Law requires public community notification in Allegheny County, meaning your name, photo, and offense may be distributed to neighbors. You also may be required to undergo mental health counseling and treatment. When you are released from prison, the situation will not be over. You will face the stigma and restrictions connected with sex offender registration and many collateral consequences associated with a sex crime on your record.

Community Notification & Reputation

As a sex offender, you may be subject to community notification. When you move to a new place, your neighbors may be told your name, address, and the sex offense you committed. They also will receive your picture.

Housing & Employment Restrictions

Depending on the circumstances of your conviction, you may face living restrictions. For example, you may not be allowed to live with or near children, or to live near facilities where children congregate.

Internet & Contact Restrictions

You may not be allowed to use the internet, or your internet could be restricted. For instance, you may be prohibited from using social media sites.

Also, you may have to adhere to no-contact orders. You may not be allowed to speak to or contact any of your victims or their families.

Other collateral consequences include having a hard time finding a job or getting into a school, training program, or apprenticeship. You may have a very hard time receiving an education or additional job training. Overall, it can be hard to find meaningful and well-paid work, which can make it difficult to support yourself.

To avoid these and other collateral consequences of a sex crime conviction, you need to call a Pittsburgh rape defense attorney immediately after these allegations surface.

How to Defend Against Rape Charges in Pittsburgh, PA

It is easy to become overwhelmed by rape charges in Pittsburgh. Our attorneys regularly defend clients in the Allegheny County Court of Common Pleas, using strategies such as proving consent, challenging false allegations, and fighting mistaken identity claims.

Consent as a Defense in Pittsburgh Rape Cases

One possible defense is to try and prove the other party explicitly consented to the sexual activity or you reasonably believed the other party consented. If your rape lawyer can prove it is likely that consent existed, you may not be convicted of the crime.

Challenging False Allegations

Another potential defense is that these are false allegations and that the sexual activity never took place. You and your rape lawyer may seek to prove that the accuser has an ulterior motive.

Mistaken Identity in Rape Investigations

Additionally, it may be that the victim was raped, but you are not the perpetrator. There may have been a mistake of identity, and the prosecutor is pursuing the wrong person. In this case, your attorney will use every piece of evidence available to prove you were somewhere else at the time of the rape.

Challenging DNA and Forensic Evidence

In many Pittsburgh rape cases, DNA or forensic evidence plays a central role. Our attorneys carefully review how evidence was collected and tested, often uncovering flaws in the Allegheny County Crime Lab’s process that can be used to your advantage.

Contact A Rape Lawyer If You’re Charged in Pittsburgh

If you have been charged with rape in Pittsburgh or elsewhere in Pennsylvania, your first step should be to immediately hire a rape defense attorney. Don’t talk to the police or prosecutors unless your attorney is with you. When you meet with your Pittsburgh criminal lawyer, give them as much information as you can. If the alleged victim’s accusations are the only evidence, your position is stronger than it would be if there were additional evidence. Your attorney will analyze their claims for contradictions or obvious falsehoods.

Don’t wait to protect yourself. Call (412) 281-2146 or submit a request 24/7 for a free consultation. An experienced sex crime lawyer in Pennsylvania will explain your options and what comes next.

Rape Defense Lawyers Serving Pittsburgh and Allegheny County

From our office in downtown Pittsburgh, PA, our rape defense attorneys represent clients facing some of the most serious sex crime charges. We know how aggressively prosecutors in Allegheny County pursue rape cases, and we are prepared to defend you wherever your case is heard.

Rape Defense Across Pittsburgh & Allegheny County

Surrounding Communities We Serve

Many rape cases we handle begin in Pittsburgh’s surrounding suburbs. Whether your arrest took place in Mt. Lebanon, Bethel Park, Cranberry Township, or Wexford, our attorneys are ready to defend you in courts throughout Western Pennsylvania.

Statewide Rape Defense Representation

While most of our work is concentrated in Pittsburgh and Allegheny County, we also defend rape cases across Pennsylvania. With additional offices in Butler, Beaver, Greensburg, and Washington, our attorneys provide statewide coverage, including major cities such as Philadelphia, Harrisburg, Erie, Allentown, Reading, Lancaster, Scranton, Wilkes-Barre, and York.