In general, rape is a crime that occurs when one party forces sexual intercourse without the other party’s consent. Statutory rape is a type of rape that occurs when the victim is legally unable to give consent due to their age. These are both significant charges, and any accusations should be taken seriously.
Both rape and statutory rape convictions come with serious consequences. If you are accused of either of these crimes, you should talk to a Philadelphia criminal defense lawyer familiar with these charges as soon as possible. Having a lawyer on your side early on could prevent you from facing charges or help you get another positive outcome in your case.
Understanding Rape and Statutory Rape Charges
Under Pennsylvania law, Title 18, Chapter 31, rape is defined as sexual intercourse when:
- The perpetrator uses force or threats of force
- The victim is unconscious or otherwise unaware of the assault
- The attacker uses drugs or other intoxicants to impair the victim before the assault
- The complainant has a mental or physical disability that makes it impossible for them to consent to sexual activity
How Is Statutory Rape Different?
Pennsylvania lawmakers repealed the state’s statutory rape laws in 1995. Since that time, the offense has been known as statutory sexual assault. Still, this is a severe charge that involves sexual behavior with someone who cannot consent.
This is one significant difference that you must understand between rape and statutory sexual assault. The sexual interaction—assault or rape—that occurs in a statutory sexual assault case does not have to be forced. Both parties could want to engage in sexual behavior, yet the accused party could still be arrested, charged, and convicted.
This is because statutory sexual assault is defined under Pennsylvania law as having sex with a person who is legally unable to consent because of their age. This can occur when one party is four or more years older and the younger party is under age 16.
When one party is under the age of 16, and the other is 11 or more years older, they could face First-Degree felony charges.
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Are There Other Related Rape and Statutory Rape Laws I Need to Understand?
There are other parts of the Pennsylvania rape and statutory sexual assault laws that could affect you if you face an accusation. Some of the frequently asked questions we hear from our clients include:
What If They Lied About Their Age?
Often, people claim that a younger party lied about their age and consented to sexual intercourse. However, this is not a viable defense under Pennsylvania’s child rape or statutory sexual assault law. The law states: “It is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older.”
What If I Am Less than Four Years Older, But They Are Under Age 16?
Like other states, Pennsylvania has “Romeo and Juliet” laws. Depending on the circumstances, it may or may not be legal to engage in sexual intercourse with a 13-, 14-, or 15-year-old, even if you are within four years of their age. While it does not violate the state’s statutory rape law, other charges could apply.
What If They Are Under Age 13?
It is illegal in Pennsylvania to have sex with a child, defined as anyone under the age of 13. There are no exceptions to this law. A conviction could mean spending 40 years to life in prison, depending on any injuries the child suffered.
What If I Am Falsely Accused of Rape or Statutory Sexual Assault?
Even if you know you are innocent and there is not enough evidence to support a rape or statutory sexual assault conviction, you need to take the accusation seriously. Facing allegations or charges could affect your livelihood, relationships, and other aspects of your daily life. An accusation could jeopardize your reputation and cost you thousands of dollars.
Working with a criminal defense lawyer could prevent you from ever facing charges or ensuring your name is cleared. Hiring an attorney ensures you have someone on your side fighting for your future.
What Are the Potential Consequences of a Rape or Statutory Sexual Assault Conviction?
The potential consequences of a conviction depend on the details of the case. In general, a First-Degree felony could bring:
- 20 years in prison
- Listed on the sex offender registry
- Significant fines
- Other penalties
Some circumstances could enhance this sentence. This includes if the victim was under age 13 or if the perpetrator drugged the victim. First-Degree felony charges are usually applied in rape cases, but statutory sexual assault cases with age gaps of more than 11 years could also support this type of charge.
In general, most statutory sexual assaults are charged as Second-Degree felonies. The sentence for a conviction could include:
- 10 to 20 years in prison
- Listed on the sex offender registry
- A $25,000 fine
- Other penalties
What Is the Role of a Criminal Defense Attorney in a Rape or Statutory Sexual Assault Case?
When a criminal defense attorney takes on a client facing rape or statutory rape accusations or charges, they will work to develop a strong defense and get a better outcome in the case. This could include stopping charges from being filed, working to have them dropped, or negotiating for a different charge.
If you face accusations of this nature, you do not have to navigate the criminal justice process alone. Having a knowledgeable attorney on your side will help you build a strong defense and give you a better chance of getting a positive outcome in your case.
Talk to a Philadelphia Criminal Defense Lawyer About Your Rape Case
Call the Law Offices of M.J. Snyder, LLC, to learn more about how our criminal defense lawyer can help. Contact us as soon as you know about the accusations against you or after your arrest. We offer a free consultation.
Contact us today to learn more.
