As teens and young adults, many people throughout Pennsylvania experience love for the first time. If they decide to act on their feelings, however, what should be a special time and experience may result in serious criminal charges. Depending on a couple’s ages, getting intimate with a partner could be considered statutory sexual assault in Pennsylvania.
The legal age of consent in the state of Pennsylvania is 16 years old. As such, state law defines statutory sexual assault as sexual intercourse that is not forced with someone under that age. Furthermore, the older partner must be at least four years older than the minor for sexual intercourse to qualify as this offense. According to the Pennsylvania Courts, the exception to the statutory sexual assault rules is when the couple is married.
Under Pennsylvania state law, statutory sexual assault is a felony offense, which may carry serious penalties. If the accused is between four and eight years older than his or her alleged victim, or between eight and 11 years older, then he or she may be charged with a second-degree felony. A conviction on this sex crime charge may result in a fine of up to $25,000 and a maximum prison sentence of 10 years. In cases when those accused are 11 years, or older, than their partners, they may be charged with a first-degree felony. Being convicted of this offense could also result in fines of up to $25,000, in addition to a maximum prison sentence of 20 years.
Statutory sexual assault is a serious offense, which carries potentially severe and life-changing consequences. As such, those who have been charged with this sex crime may benefit from obtaining legal counsel. An attorney may work with them to establish a criminal defense, as well as help them understand their rights and options.
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the “Best Law Firm” for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.
Definition and Laws
Statutory sexual assault is a serious crime in Pennsylvania, defined as engaging in sexual intercourse with a person who is legally unable to consent due to their age. According to Pennsylvania’s Consolidated Statutes §3122.1, statutory sexual assault is classified based on the age difference between the perpetrator and the minor. If the perpetrator is 4-7 years older than the minor, the offense is considered a felony of the second degree. If the age difference is 11 or more years, it escalates to a felony of the first degree. This law encompasses all forms of sexual intercourse, including genital, oral, or anal penetration, however slight. Understanding these distinctions is crucial for anyone involved in such cases, as the penalties can be severe and life-altering.
Age of Consent and Romeo and Juliet Laws
In Pennsylvania, the age of consent is 16 years old, meaning individuals younger than this age are legally incapable of consenting to sexual activity. However, the state recognizes the complexities of teenage relationships through the Romeo and Juliet law. This law provides an exception for consensual sexual relationships between minors who are close in age.
Specifically, if a minor is older than 13 and engages in sexual activity with a partner who is less than four years older, the older partner is protected from statutory sexual assault charges. For instance, a 15-year-old can legally have consensual sex with a 17-year-old. It is important to note, however, that any sexual activity with a minor under 13 is strictly illegal, regardless of the age difference.
Defenses to Statutory Sexual Assault Charges
Defendants facing statutory sexual assault charges in Pennsylvania have several potential defenses at their disposal. One common defense is the “mistake of age” defense, which can be invoked if the defendant reasonably believed the victim was at or above the age of consent.
However, this defense is not applicable if the victim is under 14 years old. Another possible defense is “actual innocence,” where the defendant must prove that no sexual intercourse occurred with the alleged victim. Additionally, the “statutory rape marital exception” can be used if the defendant is legally married to the victim. Each of these defenses requires a thorough understanding of the law and careful legal strategy, making the assistance of a skilled criminal defense lawyer essential.
Statutory Sexual Assault Involving Juveniles
Statutory sexual assault involving juveniles is treated with utmost seriousness in Pennsylvania. Juveniles charged with this offense may face severe consequences, including imprisonment and mandatory registration as a sex offender. However, the juvenile justice system in Pennsylvania offers alternative sentencing options aimed at rehabilitation, such as probation and counseling.
These alternatives are designed to help juveniles avoid the long-term repercussions of a statutory sexual assault conviction. It is crucial for juveniles and their families to seek experienced legal representation to navigate the complexities of the legal system and protect the juvenile’s future.
Rubin, Glickman, Steinberg & Gifford P.C. Stands Ready to Help
Understanding the complexities of statutory sexual assault charges in Pennsylvania can be overwhelming. These cases involve nuanced legal definitions, age considerations, and potential defenses, making it essential to have knowledgeable representation. At Rubin, Glickman, Steinberg & Gifford P.C., we have decades of experience helping clients navigate the criminal justice system, ensuring their rights are protected every step of the way.
Our firm is committed to providing ethical and effective legal representation. Named a “Best Law Firm” by U.S. News & World Report for our defense work, we are trusted by our community for quality and integrity. If you or someone you know is facing statutory sexual assault charges, we encourage you to reach out to us for the guidance and support you deserve. Call us at (215) 822-7575 or visit our contact form to schedule a consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 24, 2024
