What are the differences between Pennsylvania Sex Crimes?
In Pennsylvania, sexual offenses and sex crimes have been assigned consequences based on the conduct of the accused in relation to the offense. Sex crimes are some of the most serious charges a criminal defendant can face. The vast majority of these types of crimes are felonies, and a conviction for any of them requires that an accused be classified as a sex offender under Megan’s Law. Below, we have listed and described common charges that can be brought against individuals charged with sex crimes such as Rape, Sexual Assault, and Indecent Assault, along with consequences they might face in court.
Rape and Involuntary Deviate Sexual Intercourse are the most serious sex crimes.
Rape and Involuntary Deviate Sexual Intercourse are similar under Pennsylvania Law, in that they both require the government to prove that more than non-consensual sex occurred between the victim and the accused. Specifically, the government must show that the sex occurred as a result of force or the threat of force, the victim was unconscious when the sexual intercourse was occurring, the victim was drugged by the defendant, or the victim was suffering from a mental disability where she was unable to consent. Although Involuntary Deviate Sexual Intercourse is a similar offese to Rape, the offense includes oral sex and anal sex, whereas Rape requires that the government prove the accused engaged in sexual intercourse with the victim.
Sexual Assault is also an extremely serious crime.
A person commits Sexual Assault when he or she engages in sexual intercourse without the victim’s consent. Sexual Assault is graded as a felony of the second degree and punishable by a maximum of ten years in state prison. Sexual Assault differs from Rape and Involuntary Deviate, in that the government only needs to prove that the sex between the victim and defendant was non-consensual.
Aggravated Indecent Assault is a felony of the second degree.
To be found guilty of Aggravated Indecent Assault, the government must prove the defendant penetrated the victims genitals or anus using a finger or other body part without the consent of the victim. This offense is distinctly different from Rape, Involuntary Deviant Sexual Intercourse, and Sexual Assault because it only requires penetration with a finger, rather than sexual intercourse. Aggravated Indecent Assault is an extremely serious crime and punishable by a maximum of ten years in state prison.
A Conviction for Indecent Assault requires that the Defendant register as a Sex Offender.
Indecent Assault occurs when a criminal defendant touches an individual on their butt or breasts or another private area with the goal of sexual arousal or gratification. The government must prove that the inappropriate touching occurred without the consent of the victim or by force or threat of force. Indecent Assault differs from the above offenses because it includes indecent contact, rather than penetration.
Regardless of the type of Sex Crime that you have been charged with, the former Sex Crime prosecutors at Bellwoar Kelly, LLP stand ready to aggressively represent you in Court.