A Rape charge is an extremely serious charge. Rape is graded as a Felony of the First Degree in Pennsylvania and punishable up to 20 years in prison. If you are either charged with or being investigated for the crime of Rape, then contact an experienced sexual assault attorney immediately.
In assessing the strength or weaknesses of a Rape charge, there are several aspects that should be analyzed:
First, was a rape kit completed on the alleged victim showing that sexual intercourse occurred. A rape kit provides physical evidence showing whether, a) intercourse occurred, b) how recently the intercourse occurred, c) whether the intercourse was possibly forced or possibly rough, and d) typically the dna of the alleged perpetrator so long as no condom was used.
Second, Did the alleged victim make a prompt complaint of the alleged Rape? For instance did days pass before the alleged victim contacted the police or was the alleged crime reported immediately after it allegedly occurred. Although the amount of time that passes before an alleged rape is reported to the police isn't conclusive evidence of rape, it is evidence that a jury will strongly consider when assessing the credibility of the alleged victim.