Under the Pennsylvania Criminal Code, charges for Involuntary Deviate Sexual Intercourse are very similar to charges of Rape.  However, Involuntary Deviate Sexual Intercourse includes more sexual acts than Rape.  Therefore, it is actually easier to be charged with this crime and harder to defend against.

Definition of Involuntary Deviate Sexual Intercourse

All of the sexual acts included in Involuntary Deviate Sexual Intercourse are found in the Pennsylvania Criminal Code under 18 PACS 3123.  You may be found guilty of this crime if you penetrated the genitals or anus of another person through sexual intercourse or by using a foreign object without the other person’s permission.  This crime also includes sexual acts with animals.

In order to convict you of Involuntary Deviate Sexual Intercourse, the District Attorney must first prove that you penetrated the genitals or anus of another person without permission.  Second, the District Attorney must be able to prove that during the penetration you:

  • Used force;
  • Used threats of force;
  • Had sexual intercourse with someone who was unconscious or unaware of your actions;
  • Used drugs or alcohol, without the person knowing, to prevent the person from resisting;
  • Had sexual intercourse with someone mentally disabled; or
  • Had sexual intercourse with someone less than 16 years of age or four or more years younger than you.

Aside from those elements, there is also Involuntary Deviate Sexual Intercourse with a child.  This occurs when you have sex with a male or female under the age of 13.  You may be found guilty of this crime even if the child gave consent.  If you are found guilty, your punishment will be worse if you caused the child serious bodily injury.

Sentencing for Involuntary Deviate Sexual Intercourse

If the District Attorney proves its case against you, you will be found guilty of a Felony of the first degree.  That is the most serious crime and comes with the highest fines and most jail time.  As mentioned above, if you are guilty of Involuntary Deviate Sexual Intercourse with a child, your sentence will be even worse.  Committing this crime with a child means you are looking at up to 40 years in prison.  If you cause serious bodily injury to the child, you are looking at life in prison.

What to do if Charged with Involuntary Deviate Sexual Intercourse?

As with any criminal charges, you want to contact a Pennsylvania Criminal Defense Attorney as soon as possible after being charged.  Your attorney will help you navigate through the confusing criminal process.  The District Attorney and police are not your friends.  Only your attorney is on your side and will fight for your rights.  You should not pay for a crime you did not commit.  If the facts are against you, we will work to minimize the impact as much as possible.  Give my office a call now at (412) 209-0657.