Montgomery County Sexual Assault Lawyers

An accusation of sexual assault may include a single charge or a complex set of charges. It generally means sexual touching by forcible compulsion, including rape, and the penalties are often severe. Even lesser sexual assault charges may carry sentences of many years in prison, as well as a requirement to register as a convicted sex offender after you are released from prison.
If you are accused of sexual assault in Pennsylvania, it is critical that you contact an experienced criminal defense attorney immediately—before speaking to the police. At Rubin, Glickman, Steinberg, & Gifford, our experienced team of criminal lawyers handles sexual assault defense and are ready to fight these severe charges on your behalf.

We have successfully represented clients charged with sexual assault and other crimes in Quakertown, Blue Bell, North Wales, and Southeastern Pennsylvania. Call our sexual assault lawyers in Montgomery County, PA today to learn how we can legally help you.

Types of Sexual Assault Charges in Pennsylvania

In Pennsylvania, most sexual assault charges are considered felonies, while some are misdemeanor charges. However, even a misdemeanor sexual assault conviction can lead to a prison sentence and registration as a sex offender. The prosecution usually considers the age of the victim and the particular circumstances of the case, which may lead to numerous charges, including:

• Rape: Forcing another person into sexual intercourse against their will is rape, which is a first-degree felony.
• Aggravated rape: Aggravated rape is sexual assault that includes the use of a dangerous weapon as well as other specific crimes, such as assault and battery, and is subject to harsher penalties
• Indecent sexual assault: This charge describes any instance of forcing another person to come into contact with bodily fluids or excrement for sexual arousal or otherwise making sexual contact with another person without his or her consent.
• Rape of a child: Even if there was consent, engaging in sexual intercourse or other sexual acts with minors younger than 16 years can result in this charge or statutory sexual assault.
• Rape of a child with serious bodily injury: This charge, also referred to as involuntary deviate sexual intercourse, defines any unwanted sexual activity performed on a person younger than 13 years who suffers bodily injury from the unwanted contact.

Pennsylvania Sex Offender Registration Laws 

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. It requires registering for the rest of your life.

Under 18 Pa. Code §3124.1, anyone convicted of sexual assault must register as a sex offender for the rest of their life. That became a rule in 1995 when Pennsylvania enacted Megan’s Law. That was later followed by several amendments, which led the state legislature to create a statute compliant with the Federal Sexual Offender Registration and Notification Act. Once registered as a convicted sex offender under this law, the offender must annually report: 

• Their place of residence
• Employment information
• Any student status

Sometimes, this report is required several times a year. Failure to report such information, as well as failure to report any subsequent changes in residence or employment status, could lead to a new, indeterminate period of incarceration.

What Are the Penalties for Sexual Assault in Pennsylvania?

In Pennsylvania, the penalties for sexual assault and related sex crimes are severe. In the case of rape, prison sentences range from 20 years to a lifetime behind bars. The maximum prison sentences for other sexual assault crimes in Montgomery County include:

• Rape: 20 years
• Aggravated rape: 40 years
• Indecent assault: 5 years
• Rape of a child: 40 years
• Rape of a child with serious bodily injury: Lifetime

Even if you do not receive a life sentence for a sexual assault conviction, you will still be subject to life-altering consequences. After you are released from prison, under Megan’s Law you will likely be required to register with the Pennsylvania State Police as a sex offender. From then on, wherever you live, you will be monitored closely, possibly for the rest of your life. If you want to leave the state, you will need special permission, which a judge may deny.

Collateral Consequences of a Sex Crime Conviction

As a registered sex offender, you will be subject to consequences in your daily life. The Pennsylvania State Police will notify the public and local law enforcement of your whereabouts in the community and your criminal history.

If you were convicted of a violent sexual offense, such as aggravated rape, residents of the community in which you reside would receive an instructional letter and court documents about your crime. Moreover, 100 or more community notification flyers could be distributed throughout your neighborhood.

Under such conditions imposed by Megan’s Law in Pennsylvania, it may be difficult for you to ever assimilate into society, find suitable housing or a job, and have a peaceful life. The consequences of a sexual assault conviction in Pennsylvania will be devastating and possibly permanent. Even if you were falsely accused of a sex offense but later found not guilty, the allegations could irreparably damage your life.

What Is Statutory Sexual Assault In Pennsylvania?

As defined by Pennsylvania Consolidated Statutes Title 18 §3122.1, statutory sexual assault is characterized by sexual acts that may have been consensual but represent a crime due to the parties’ age. Simply put, if the sexual acts had taken place between two consenting adults, there would be no crime. In Pennsylvania, it is illegal for someone age 18 and older to engage in sexual acts with a minor, someone under the age of 16, even if the act was consensual. The law was put in place to protect minors who are considered unable to provide informed consent. 

Part of what makes this charge so challenging is that you need only have engaged in sexual acts with a minor to make it a crime; the presence of an assault or intent to commit an assault is not required under Pennsylvania law. Any act involving force is an entirely different charge.

Pennsylvania Statutory Sexual Assault Exceptions

There are several exceptions to this law that can help those accused of statutory sexual assault in Pennsylvania. 

Romeo And Juliet Exception

The Romeo and Juliet exception is designed to protect teenagers close in age who engage in sexual acts with one another from being prosecuted under the law. It covers minors age 13 and older and a partner less than four years older than they are. This exception is specific to Pennsylvania, though most states have some derivative of the law. 

Marriage

According to Pennsylvania state law, if consensual sex occurs between an adult and a minor legally married, there is no crime.

Skilled Criminal Lawyers Defending Sexual Assault Cases in Pennsylvania

Being convicted of sexual assault brings with it catastrophic and life-changing problems and challenges. When charged with a sexual offense in Pennsylvania, it is imperative that you seek legal counsel immediately. The Montgomery County criminal defense attorneys at Rubin, Glickman, Steinberg, and Gifford can step in early and help you fight the charges. In the event that you have not yet been charged with sexual assault and are only considered a suspect, we may be able to prevent charges from being filed.

As your criminal defense lawyers, our skilled legal team will vigorously represent, negotiate, and work in your defense against sexual assault allegations without judgment. Our focus will be the protection of your constitutional rights, including your right to a fair trial. Our legal team includes four former Pennsylvania prosecutors who are highly experienced in negotiating with the Montgomery County District Attorney’s Office and the Bucks County District Attorney’s Office.

Consult with a Sexual Assault Attorneys in Montgomery County, PA

For over 65 years, Rubin, Glickman, Steinberg & Gifford has advocated for clients in Montgomery County and across Southeastern Pennsylvania. Let us put our experience, skills, knowledge, and resources to work in protecting your rights to the full extent of the law.

Our sexual assault lawyers in Abington, PA, serve clients across Montgomery County, PA, including Norristown, Abington, King of Prussia, Plymouth Meeting, North Wales, and more. To speak with an experienced sexual assault defense lawyer, schedule a free and confidential consultation by calling 215-822-7575 or completing a contact form.