The Pennsylvania Criminal Code defines a number of different Sex Crimes.  Your charges will depend on your specific facts.  When the Sex Crime involves sexual intercourse, you will be charged with Rape.  If you have been charged with Rape, you need to contact my law office immediately to secure your defense.

Defining Rape

The crime of Rape in Pennsylvania is defines at 18 PACS 3121 of the Pennsylvania Criminal Code.  If you engage in sexual intercourse with another person (whether male or female) you may be found guilty of Rape if that intercourse was:

  • By forcible compulsion (i.e. by force);
  • By threat of forcible compulsion preventing resistance by a person of reasonable resolution;
  • With a person who is unconscious or where you know the person is unaware that sexual intercourse is occurring;
  • With a person who you gave drugs or other intoxicants without his or her knowledge to prevent resistance; or
  • with a person who suffers from a mental disability which renders that person incapable of consent.
If you are charged with having sexual intercourse with someone under the age of 13, the elements of the offense change.  You may be found guilty of Raping a child if the District Attorney proves that you engaged in sexual intercourse with a male or female under the age of 13.  The Crime of Raping a Child does not require forcible compulsion or the use of drugs or other intoxicants.  Even if the child consents, the Pennsylvania Code still allows you to be found guilty of Rape.

Punishment and Sentencing for Rape

If you are found guilty of Raping someone over the age of 13, you will be sentenced to a Felony of the first degree.  If you prevented the person from resisting by giving him or her drugs or other intoxicants, then you may be sentenced to an additional 10 years in prison and an additional $100,000.00 in fines.

When it comes to children, 13 years old or younger, you will be found guilty of a Felony of the first degree.  Your jail sentence will automatically be 40 years.  If you caused the child serious bodily injury during the Rape, you will be given a life sentence of imprisonment.

What Should You do if Charged with Rape?

Cases of Rape may be very difficult to defense because of the surrounding circumstances.  These cases often involve drugs and alcohol.  It is tough to prove that someone consented when that person was drunk or high at a party.  The alleged victim does not always remember things as clearly that next day.  Because of these difficulties, it is necessary to begin your defense as soon as possible.  At Morrow and Artim, P.C., we will work with District Attorneys, Police, Technicians, and Specialists in an effort to aggressively defend your rights.  Call my office at (412) 209-0657.