Pennsylvania Sexual Assault Lawyer

Accused of Sexual Assault in PA? We Can Help.

At Worgul, Sarna & Ness, Criminal Defense Attorneys, our Pennsylvania sex crime lawyers know what you’re going through and have the skills to obtain the best possible outcome in your sexual assault case. We understand that this is a difficult and traumatic time, and we’re here to help by offering experienced and aggressive legal representation.

Contact us our online or call (412) 281-2146 for free case consultation.

Statewide Representation for Sex Offenses

Based in Pittsburgh, Worgul, Sarna & Ness, Criminal Defense Attorneys offer comprehensive and aggressive legal representation for those accused of sex offenses throughout the Commonwealth.

Sexual Assault in Pennsylvania

Sexual assault is defined and prohibited in 18 Pa. Code §3124.1.

The Pennsylvania sexual assault laws state that except as provided by the rape or involuntary deviate sexual intercourse statutes, you can be charged with a second-degree felony if you perform sexual intercourse or deviate sexual intercourse on a victim who has not consented. “Sexual intercourse” involves penetration of the vagina, mouth, or anus by another person’s sex organ. “Deviate sexual intercourse” includes other sex acts like penetration with foreign objects. In any case, penetration must occur, however slight.

What’s Considered Sexual Assault in PA

Essentially, sexual assault is engaging in any non-consensual sex act when the circumstances do not fit the definitions of rape or involuntary deviate sexual intercourse. Prosecutors may choose to charge you with sexual assault if they do not have enough evidence to prove all the necessary elements of a rape or IDSI crime but have enough evidence to prove you perpetrated a sex act against one or more victims without their consent. It does not matter what a victim’s gender is – a person of any gender can sexually assault another person of any gender.

Sexual Assault vs. Rape

Sexual assault is a specific sex offense in Pennsylvania that differs from rape. Rape is defined in 18 Pa. Code §3121, and constitutes performing sexual intercourse with a victim when one of the following circumstances applies:

• The use of force.
• Threats of force that would prevent resistance for a reasonable person.
• The victim was unconscious, or you know the victim was unaware that sexual intercourse was occurring.
• You substantially impaired the victim’s power to appraise or control their conduct by administering or employing, without the victim’s knowledge, drugs, intoxicants, or other means for the purpose of preventing resistance.
• The victim has a mental disability that renders them incapable of consent.

For a prosecutor to charge you with rape, they must have evidence that sexual intercourse occurred. Additionally, the prosecutor must be able to prove you used force, threats of force, or drugs to impair the victim’s control, or that the victim was unconscious, unaware, or mentally disabled. If a prosecutor does not have enough evidence to prove one of these additional elements, then they are more likely to file sexual assault charges.

Sexual Assault vs. Involuntary Deviate Sexual Intercourse

According to 18 Pa. Code §3123, the offense of involuntary deviate sexual intercourse occurs when you perform some type of deviate sexual intercourse when the victim does not or cannot consent. This sex crime encompasses a higher number of sex acts than rape, including oral and anal sex or penetration with a foreign object.

In Pennsylvania, a person commits IDSI when:

• They use force
• They threaten to use force
• The victim is unconscious or unaware sexual intercourse is occurring
• The victim is substantially impaired
• The victim suffers from a mental disability and cannot consent
• The victim is less than 16 or is four or more years younger than the offender and not married to them

Sexual Assault Charges in Pennsylvania

Under state law, there are several types of sexual assault in Pennsylvania, including:

Statutory Sexual Assault

You can be charged with statutory sexual assault (18 Pa. Code §3122.1) in Pennsylvania if you engage in sexual intercourse with a person under the age of 16 who is not your spouse and is at least four years younger than you.

If you are between four and 11 years older than the minor, you will be charged with a second-degree felony. If you are at least 11 years older than the minor, you will be charged with a first-degree felony.

Institutional Sexual Assault

You may be charged with institutional sexual assault (18 Pa. Code §3124.2), a third-degree felony, if you perform sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, patient, or resident if you are an agent or employee of a:

• Department of Corrections
• County correctional authority
• Youth development center
• Youth forestry camp
• State or county juvenile detention facility
• Other licensed residential facility serving children and youth
• Mental health facility or institution

The statute doesn’t only prohibit non-consensual acts. It bans all sexual activity between employees of these facilities and all of the youths housed in them.

Under this Pennsylvania law, it is illegal for you as an employee of a school, volunteer at a school, or as any other person in direct contact with students at the school to engage in any indecent contact, sexual intercourse, or deviate sexual intercourse with a student of that school. It is also illegal to perform a sexual act with a child of a daycare center if you work or volunteer at that facility. If there is evidence you had sexual contact with a student or child in daycare, you will be charged with a third-degree felony.

Key Elements of Institutional Sexual Assault

The key element of this statute is the recognition of the power imbalance inherent in these situations. Because employees and agents have authority over inmates, detainees, or patients, any supposed consent is legally irrelevant; the law assumes an inherent coercion due to the power differential.

If you are accused of institutional sexual assault, it is essential to understand the gravity of the charge. Even if you believe the encounter was consensual, Pennsylvania law does not recognize the capacity for consent in these circumstances. You will need an experienced defense attorney who understands the complexities of this statute and can navigate the legal system accordingly.

Sexual Assault by Sports Official, Volunteer, or Non-Profit Employee

If you are a sports official in a non-profit or for-profit sports program or association, you may not engage in sexual intercourse, deviate sexual intercourse, or indecent contact with any child under 18 years old who is participating in that program or association. Doing so will result in third-degree felony charges (18 Pa. Code §3124.3).

Additionally, as a volunteer for a non-profit who has contact with juveniles under 18 years old, you may not participate in sexual conduct with a minor involved in the association’s programs or activities. Evidence that you performed sexual intercourse, deviate sexual intercourse, or indecent contact with a minor involved in the non-profit may also lead to third-degree felony charges.

Understanding Prohibited Contact by Sports Official or Volunteer

It is illegal for any sports official, whether affiliated with a non-profit or for-profit organization, to engage in any sexual conduct with a child under 18 years old who is part of the sports program. This includes coaches, referees, trainers, and other individuals in positions of authority within sports settings. The law equally applies to volunteers of non-profit organizations who have any form of contact with minors.

The statute extends to cover any form of sexual contact—ranging from indecent contact to sexual intercourse. This covers a wide range of behaviors that are deemed inappropriate and criminal when they occur between an adult in a position of authority and a minor.

Sexual Assault Penalties in Pennsylvania

Depending on the circumstances and severity, sexual assault charges are classified into three distinct degrees of felony sex crimes:

• Third-degree felony sexual assault: Punishable by up to seven years in prison and fines reaching $15,000.
• Second-degree felony sexual assault: Punishable by a maximum of 10 years in prison and fines up to $25,000.
• First-degree felony sexual assault: Punishable with up to 20 years of incarceration and up to $25,000 in fines.

Pennsylvania Sex Offender Registration

One of the worst penalties associated with sexual assault is the requirement to register as a sex offender. Sexual assault under 18 Pa. Code §3124.1 is a Tier III sexual offense. This means it requires registering for the rest of your life.

For institutional sexual assault, the level of the offense depends on the exact facts of the crime. Institutional sexual assault under 18 Pa. Code §3124.2(a) is a Tier I offense, which is the least serious. It only requires registration for 15 years, after which, you can apply to have your name removed from the registry. Institutional sexual assault under 18 Pa. Code §3124.2(a.2) and (a.3), relating to schools and daycares, is a Tier II offense, which requires 25-year registration. Institutional sexual assault of a minor under 18 Pa. Code §3124.2(a.1), is a Tier III offense, resulting in lifetime registration.

If you fail to register as a sex offender when required to do so, fail to provide necessary and accurate information, or fail to re-register, then you may be charged with an additional crime.

Other Consequences of a Sexual Assault Conviction

If you are convicted of a sex offense in Pennsylvania, you will experience several consequences beyond incarceration, probation or paroles, fines, and sex offender registration, including:

• Challenges being accepted to a college or graduate school
• Difficulty obtaining private financial aid
• Ineligibility or difficulty obtaining certain professional licenses
• Difficulty getting and obtaining a job
• Difficulty renting an apartment or house
• Ineligibility for housing assistance
• Difficulty obtaining loans, such as auto loans
• Loss of child custody or visitation
• Supervised visitation with your children
• Denial of an immigration visa or citizenship
• Deportation
• Ineligibility to own a firearm

The Pennsylvania Statute of Limitations for Sexual Assault

Prosecutors have 12 years to file charges after a sexual assault or statutory sexual assault takes place. However, if the alleged victim was a minor at the time of the assault, prosecutors may have until that victim turns 50 years old to file. In cases of institutional sexual assault, or sexual assault by a sports official, volunteer, or non-profit employee, the prosecutor must initiate charges within two years of the offense.

Additionally, DNA evidence may impact the statute of limitations. If DNA evidence is discovered while the statute of limitations is running or after it has run out, then the DNA evidence that identifies a perpetrator gives prosecutors one more year to file charges.

Defending Against Sexual Assault Charges in PA

For individuals confronting allegations or formal charges of sexual assault in Pennsylvania, securing a defense attorney with a profound understanding of the state’s sexual assault statutes is essential.

At Worgul, Sarna & Ness, our sexual assault defense attorneys recognize the enormous weight these charges carry for the accused’s life and future. Leveraging extensive experience and previous successes in handling sexual assault cases across Pennsylvania, we’ll work to clear up misunderstandings, avoid formal sexual assault charges from being filed, seek dismissals when appropriate, reduce the negative impact of a conviction, and prove your innocence in court if necessary.

Legal Defenses for Sexual Assault

Every sexual assault case is unique. While you may think your situation is easily explained or has been blown out of proportion, you could be making things worse by speaking to the police or making statements without a lawyer’s help.

After an in-depth investigation, here are some potential sexual assault defense strategies our attorneys may employ:

Establish Consent

In sexual assault cases, understanding and establishing consent is crucial. Our attorneys will meticulously assess the context of the interactions to determine if the evidence supports the legal requirements for lack of consent. We will work to reveal any potential miscommunications or misconceptions regarding consent.

Challenge Evidence

The evidence in a sexual assault case may have flaws. Our task is to critically examine the prosecution’s evidence, identifying and exploiting any lapses or frailties. This can include challenging the prosecution’s methods of evidence collection or demonstrating that the evidence presented does not meet the stringent legal criteria for sexual assault.

Verify Your Alibi

An alibi can significantly influence the outcome of your case. Our attorneys will diligently confirm any alibi you might have through time-stamped documents, video footage, witness testimonies, and any other pertinent proof that can affirm your whereabouts at the time of the alleged sexual assault.

Expose Inconsistencies

We will thoroughly evaluate the statements made by the accuser and contrast them with the available evidence. Any discrepancies or alterations in their narrative can cast doubt on their credibility and become a pivotal element of your defense strategy, particularly in a sexual assault case where the accuser’s testimony is often central.

Utilize Expert Testimony

Experts can offer critical insights in your defense, whether they’re forensic psychologists discussing consent and memory, IT specialists challenging digital evidence, or private investigators corroborating your version of events. Their specialized knowledge can undermine the prosecution’s claims and foster reasonable doubt.

Pennsylvania Sexual Assault FAQs

Can Sexual Assault Charges be Dropped in Pennsylvania?

Yes, it’s possible for sexual assault charges to be dropped or dismissed in Pennsylvania. This may happen if the prosecution’s evidence is insufficient, or if your defense attorney can demonstrate that the allegations do not fulfill the legal criteria for sexual assault. It is important to remember that the authority to drop charges resides with the prosecutor’s office; hence, the process may potentially continue even if the complainant retracts their allegations.

What Should I Do if Accused of Sexual Assault in PA?

If you face accusations of sexual assault in Pennsylvania, it’s imperative to refrain from communicating with the accuser or discussing the case with police without your attorney present. Your lawyer will advise on the best course of action, safeguard your rights, and strive for the best possible outcome. Given that your statements and actions can be leveraged against you in court, it’s crucial to manage the situation cautiously and follow legal guidance closely.

How Can a Sexual Assault Lawyer Help?

A defense attorney is instrumental in dissecting the details of the case, constructing a robust defense strategy, negotiating with the prosecution, advocating for the accused in court proceedings, and ensuring the protection of the accused’s legal rights. An experienced attorney might also uncover legal reasons for the charges to be reduced or dismissed.

Our Sexual Assault Defense Attorneys Will Fight for You

If you have been charged with rape, involuntary sexual deviate intercourse, or sexual assault, you need to contact a sexual assault lawyer in Pennsylvania immediately. You must protect yourself during a law enforcement investigation and defend yourself vigorously against these charges.

At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we can fight for your charges to be dropped or reduced. If the prosecution can move forward with sex crime charges against you, then we will build you a strong defense. We may argue that these charges are false accusations or there has been a mistake of identity. We may also argue that consent was present.

Why Choose Worgul, Sarna & Ness?

Our attorneys bring a wealth of experience and prior success in assisting people in avoiding sexual assault convictions. Our Pennsylvania criminal defense law firm is recognized for:

• Skill & Impressive Results in Sex Offense Cases
• Exhaustive Independent Investigations & Tailored Strategies
• Client-Focused Representation & Comprehensive Advocacy
• Statewide Availability & Ongoing Legal Support

Charged with Sexual Assault? Get a Free Consult

If you’re facing charges sexual assault anywhere in Pennsylvania or have been accused of sexual misconduct, you need to take the matter seriously and seek immediate legal counsel. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, our team handles sex offense cases across the state and crafts effective defenses to protect your reputation, rights, and freedom.

Don’t wait to protect yourself. Call (412) 281-2146 or submit a request 24/7 for a free consultation. An experienced defense lawyer will explain your options and what comes next.

Areas Served

Our sex crime lawyers are based in Pittsburgh, but assist clients charged with sexual offenses throughout Pennsylvania. Some of the areas we serve are: