For victims of a sex crimes, going through the criminal justice system and facing their alleged abuser, can expose them to unwanted feelings that would make them very uncomfortable. This is especially true of child victims. child endangerment In order to help alleviate some of the uncomfortable feelings a child might feel when facing their alleged abuser, the Commonwealth of Pennsylvania will under very specific circumstances allow a child to make statements about the alleged that are outside of the courtroom. This process of having a child make statements that are outside the courtroom is known as the "Tender Years exception to the hearsay rule." First and foremost, it is on the Commonwealth to prove that this exception is even a possibility. It is also important to note that the tender years exception must be used for children under the age of 12 and if the child is cannot testify about the statements in the courtroom, then they cannot be used as a witness at all.
Victims in Sex Crimes cases can involve the Safe harbor for sexually exploited children. The criminal justice system is based entirely around the defendant. The defendant and not the victim has rights in the criminal justice system. child endangerment Throughout the history of our criminal justice system the victims of the crime were not really paid attention to unless they were needed in order to testify. That has changed over the years and many victim's rights bills have been passed at the federal level with the states following suit. One of the bills that the Commonwealth of Pennsylvania passed to focus on victim's rights is the safe harbor for sexually exploited children statutes. The main statute is defined under section 3061 of the Pa criminal code and it establishes that the state must provide services for children who have been sexually exploited. Services such as housing, education, medical treatment, and therapy are all the types of services that sexually exploited children can choose to participate in which will all be provided by funds from the state.
The sexual offense of involuntary deviant sexual intercourse is a very similar offense to other sex crimes such as rape. This crime of IDSI is defined under section 3123 of the Pa criminal code. CYS investigations The difference between Involuntary Deviant Sexual Intercourse and Rape is that this offense covers more sexual acts and excludes any type of vaginal penetration, which the charge of rape would cover. Acts that would be covered under this statute include sexual intercourse with an animal, any penetration, however slight, with a foreign object, and forcible anal or oral sex. As stated previously it is very similar to the statue of rape. This is an important distinction for prosecutors because if they believe that their case would not fit the criteria for the charge of rape, they can instead charge the accused with the more encompassing charge involuntary deviant sexual intercourse.
Sex crimes can constitute many different things as various offenses fall into this category, however they all involve sexual conduct against another person that is illegal or coerced. Common offenses that are defined as sex crimes include rape, statutory sexual assault, prostitution, indecent exposure, and child pornography. corruption of minors If you are charged with any of the above, or other types of sex crime, it is best to contact an experienced sex crimes lawyer immediately. The investigation of a sex crime begins with an alleged victim who will give certain information to police. One of the main factors to consider in this investigation is how and why did the alleged victim contact the police. Was it through a mandatory reporter such as a counselor or nurse and did the alleged victim have a motive to falsify the alleged sexual assault. Following that, you may be contacted for an interview or statement in regards to the charges brought against you. If contacted, you should decline to speak and immediately contact a lawyer here at the Law Offices of Kelly and Conte for assistance and guidance in legal representation.
When addressing the issue of Sex Crimes such as sexual harassment, sexual assault, and rape one must understand how each of these terms are defined. child pornography Many people use those terms interchangeably and incorrectly. It is important to understand what each of these different terms mean and when to use them in the correct context. When talking about sexual harassment it relates to the unlawful harassment of a person, like an employee, based upon that persons sex. This harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual actions. When a person engages in sexual intercourse without the complainants consent is known as sexual assault. Lastly, in the Pennsylvania Crimes Codes rape is defined as "When a person engages in sexual intercourse with the complainant; by forcible compulsion, by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, or who is unconscious or where the person knows that the complainant is unaware the sexual intercourse is occurring."
Sex Crimes such as Luring a child into a motor vehicle can be extraordinary serious and the repercussions for being convicted of such crimes can be disastrous. Luring a child into a car or building is a crime unless the circumstances indicate that the child needs help or aid, or the person luring the child has the permission of the child's parent or guardian. Read more about Rape There are a number of defenses to this crime if the person charged did lure the child without consent. Specifically, if the defendant is charged with luring a child, but believes that the child was 18 or over, then that would function as a defense to this crime so long as the child Is not under 13 years of age. Make sure to review all possible defenses that you may have for this crime with an experienced Chester County Sex Crimes attorney.
Sex Crimes such as Prostitution are crimes that we occasionally read about in the paper or see on the news whenever there is a law enforcement sting. Prostitution, unlike almost other crimes, criminalizes the actions of both the prostitute and the individual paying to see the prostitute. Child Porn The Sex Crime of Prostitution can be found in Title 18 of the Pennsylvania crimes code under section 5902. That statute essentially states that a person is guilty of this crime if he or she: works at a establishment that is in existence to offer sexual favors in return for money (such as certain massage parlors) or has sex with individuals as part of a business or is hired to engage in sex with others. Prostitution is graded almost always as a Misdemeanor of the third degree and therefore punishable by a maximum of one year in prison. However, if the accused has been convicted of this crime two times before, then the crime is graded as a Misdemeanor of the second or if it is a fourth lifetime offense then it is a Misdemeanor of the first degree and therefore punishable by a maximum of five years in prison.
Statutory Sexual Assault is a very serious Sex Crimes charge. It is graded generally as a Felony of the second degree therefore punishable by a maximum of ten years in prison and a $15,000 fine. Now Statutory Sexual Assault may also be graded as a felony of the first degree if the defendant engages in sexual intercourse with a person is under the age of 16 and there is more than 11 years difference in their age. Child Pornography A Felony of the first degree is punishable by 20 years in state prison and a $20,000 fine. Statutory Sexual Assault used to be called Statutory Rape in the Pennsylvania Crimes Code, however that was later changed. Additionally, a conviction for this crime does not necessarily trigger a SORNA or Megan's Law requirement. An individual convicted for this crime only must comply with Megan's Law if there was more than an 8 year difference in age between the defendant and the alleged victim.
After a relationship or marriage comes to an end, it is not uncommon for people to hold onto certain photos and memorabilia which can result in sex crimes such as Unlawful Dissemination of intimate image. Some may find themselves holding onto photos that could be damaging if placed in the wrong hands. internet sex crimes It is not uncommon for those intimate images to become disseminated and begin circulating around for anyone to see. In Pennsylvania, it is a crime to spread around photos, without consent, of a partner or ex-partner that depicts them nude or engaging in sexual activity. This crime is known as unlawful dissemination of intimate image. Unlawful dissemination of intimate image is commonly referred to as the "revenge porn" law. Although the photos may have been taken with consent, it is also necessary to get consent in order to distribute and disseminate the images.
One of the most common sex crimes is endangering the welfare of a child. In terms of sex crimes charges in Pennsylvania, there are specific statutes that exist for the sole purpose of protecting the well-being of children. As defined in the Pennsylvania Crimes Code under the charge endangering the welfare of a child, it is a crime for a parent, guardian or other person supervising the welfare of a child under 18 years old, child endangerment or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support. "Person supervising the welfare of a child" is defined as someone other than a parent or guardian that provides care, education, training or control of a child. In addition, it is a crime to prevent or interfere with a suspected child abuse report if you are a person in an official capacity.