Pittsburgh Sexual Assault Lawyer | Worgul Law Firm

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Few offenses are viewed as more heinous than rape and sexual assault. Mere accusations, no matter how false, no matter how little evidence there is, can ruin your reputation. But now is not the time to let your emotions dictate your actions. Do not contact your accuser. Do not speak to the police and think you will clear up the misunderstanding. The best thing for you to do is to contact a sexual assault attorney as soon as possible.

Our Pittsburgh criminal attorneys’ goal will always be to obtain the best possible outcome in your sexual assault case. We understand that this is a difficult and traumatic time for you, and we’re here to help by offering experienced and aggressive legal representation. Contact one of our Pittsburgh sex crime lawyers online or call (412) 281-2146 to schedule a free case consultation.

Pennsylvania Sexual Assault Laws

Sexual assault is defined and prohibited in 18 Pa. Code §3124.1.

The law states that except as provided by the rape or involuntary deviate sexual intercourse statutes, you can be charged with a second-degree felony if you perform sexual intercourse or deviate sexual intercourse on a victim who has not consented. “Sexual intercourse” involves penetration of the vagina, mouth, or anus by another person’s sex organ. “Deviate sexual intercourse” includes other sex acts like penetration with foreign objects. In any case, penetration must occur, however slight.

Essentially, sexual assault is engaging in any non-consensual sex act when the circumstances do not fit the definitions of rape or involuntary deviate sexual intercourse. Prosecutors may choose to charge you with sexual assault if they do not have enough evidence to prove all of the necessary elements of a rape or IDSI crime, but have enough evidence to prove you perpetrated a sex act against one or more victims without their consent. It does not matter what a victim’s gender is – a person of any gender can sexually assault another person of any gender.

Sexual Assault vs. Rape

Sexual assault is a specific sex offense in Pennsylvania that differs from rape. Rape is defined in 18 Pa. Code §3121, and constitutes performing sexual intercourse with a victim when one of the following circumstances applies:

  • The use of force.
  • Threats of force that would prevent resistance for a reasonable person.
  • The victim was unconscious, or you know the victim was unaware that sexual intercourse was occurring.
  • You 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.
  • The victim has a mental disability that renders them incapable of consent.

For a prosecutor to charge you with rape, they must have evidence that sexual intercourse occurred. Additionally, the prosecutor must be able to prove you used force, threats of force, or drugs to impair the victim’s control, or that the victim was unconscious, unaware, or mentally disabled. If a prosecutor does not have enough evidence to prove one of these additional elements, then they are more likely to file sexual assault charges.

Sexual Assault vs. Involuntary Deviate Sexual Intercourse

According to 18 Pa. Code §3123, the offense of involuntary deviate sexual intercourse occurs when you perform some type of deviate sexual intercourse when the victim does not or cannot consent. This sex crime encompasses a higher number of sex acts than rape, including oral and anal sex or penetration with a foreign object.

In Pennsylvania, a person commits IDSI when:

  • They use force
  • They threaten to use force
  • The victim is unconscious or unaware sexual intercourse is occurring
  • The victim is substantially impaired
  • The victim suffers from a mental disability and cannot consent
  • The victim is less than 16 or is four or more years younger than the offender and not married to them

Sexual Assault Charges in Pittsburgh

Under Pennsylvania law, there are several types of sexual assault, including:

Statutory Sexual Assault

You can be charged with statutory sexual assault (18 Pa. Code §3122.1) in Pittsburgh if you engage in sexual intercourse with a person under the age of 16 who is not your spouse and is at least four years younger than you.

If you are between four and 11 years older than the minor, you will be charged with a second-degree felony. If you are at least 11 years older than the minor, you will be charged with a first-degree felony.

Institutional Sexual Assault

You may be charged with institutional sexual assault (18 Pa. Code §3124.2), a third-degree felony, if you perform sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, patient, or resident if you are an agent or employee of a:

  • Department of Corrections
  • County correctional authority
  • Youth development center
  • Youth forestry camp
  • State or county juvenile detention facility
  • Other licensed residential facility serving children and youth
  • Mental health facility or institution

The statute doesn’t only prohibit non-consensual acts. It bans all sexual activity between employees of these facilities and all of the youths housed in them.

Under this Pennsylvania law, it is illegal for you as an employee of a school, volunteer at a school, or as any other person in direct contact with students at the school to engage in any indecent contact, sexual intercourse, or deviate sexual intercourse with a student of that school. It is also illegal to perform a sexual act with a child of a daycare center if you work or volunteer at that facility. If there is evidence you had sexual contact with a student or child in daycare, you will be charged with a third-degree felony.

Sexual Assault by Sports Official, Volunteer, or Non-Profit Employee

If you are a sports official in a non-profit or for-profit sports program or association, you may not engage in sexual intercourse, deviate sexual intercourse, or indecent contact with any child under 18 years old who is participating in that program or association. Doing so will result in third-degree felony charges (18 Pa. Code §3124.3).

Additionally, as a volunteer for a non-profit who has contact with juveniles under 18 years old, you may not participate in sexual conduct with a minor involved in the association’s programs or activities. Evidence that you performed sexual intercourse, deviate sexual intercourse, or indecent contact with a minor involved in the non-profit may also lead to third-degree felony charges.

Sexual Assault Penalties in Pennsylvania

Depending on the circumstances and severity of the case, sexual assault is classified into three distinct degrees of felony crimes:

  • Third-degree felony sexual assault: Punishable by up to seven years in prison and fines reaching $15,000.
  • Second-degree felony sexual assault: Punishable by a maximum of 10 years in prison and fines up to $25,000.
  • First-degree felony sexual assault: Punishable with up to 20 years of incarceration and up to $25,000 in fines.

Pennsylvania Sex Offender Registration

One of the worst penalties associated with sexual assault is the requirement to register as a sex offender. Sexual assault under 18 Pa. Code §3124.1 is a Tier III sexual offense. This mean it requires registering for the rest of your life.

For institutional sexual assault, the level of the offense depends on the exact facts of the crime. Institutional sexual assault under 18 Pa. Code §3124.2(a) is a Tier I offense, which is the least serious. It only requires registration for 15 years, after which, you can apply to have your name removed from the registry. Institutional sexual assault under 18 Pa. Code §3124.2(a.2) and (a.3), relating to schools and daycares, is a Tier II offense, which requires 25-year registration. Institutional sexual assault of a minor under 18 Pa. Code §3124.2(a.1), is a Tier III offense, resulting in lifetime registration.

If you fail to register as a sex offender when required to do so, fail to provide necessary and accurate information, or fail to re-register, then you may be charged with an additional crime.

Other Consequences of a Sex Crime Conviction

If you are convicted of a sex offense in Pennsylvania, you will experience a number of consequences beyond incarceration, probation or paroles, fines, and sex offender registration, including:

  • Challenges being accepted to a college or graduate school
  • Difficulty obtaining private financial aid
  • Ineligibility or difficulty obtaining certain professional licenses
  • Difficulty getting and obtaining a job
  • Difficulty renting an apartment or house
  • Ineligibility for housing assistance
  • Difficulty obtaining loans, such as auto loans
  • Loss of child custody or visitation
  • Supervised visitation with your children
  • Denial of an immigration visa or citizenship
  • Deportation
  • Ineligibility to own a firearm

Pennsylvania Statute of Limitations for Sexual Assault

Prosecutors have 12 years to file charges after a sexual assault or statutory sexual assault takes place. However, if the alleged victim was a minor at the time of the assault, prosecutors may have until that victim turns 50 years old to file. In cases of institutional sexual assault, or sexual assault by a sports official, volunteer, or non-profit employee, the prosecutor must initiate charges within two years of the offense.

Additionally, DNA evidence may impact the statute of limitations. If DNA evidence is discovered while the statute of limitations is running or after it has run out, then the DNA evidence that identifies a perpetrator gives prosecutors one more year to file charges.

A Pittsburgh Sexual Assault Lawyer Can Defend You

If you have been charged with rape, involuntary sexual deviate intercourse, or sexual assault, you need to contact a sexual assault lawyer in Pittsburgh, PA immediately. You must protect yourself during a law enforcement investigation and defend yourself vigorously against these charges. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we can fight for your charges to be dropped or reduced. If the prosecution can move forward with sex crime charges against you, then we will build you a strong defense. We may argue that these charges are false accusations or there has been a mistake of identity. We may also argue that consent was present

To learn more about how a sexual assault lawyer can help you, contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 to schedule a no-cost appointment.