Pennsylvania Sex Crimes Defense

Pennsylvania Sex Crime LawyersAs with most states, Pennsylvania law enforcement and district attorney offices consider sexual crimes involving minors to be the most heinous of crimes. When an individual is accused of committing such a crime in PA, a multi-agency investigation will begin which will include the PA Department of Human Resources who will forensically interview the child complainant.

Sometimes equipped with no more than the uncontested statements of the child complainant, criminal charges will be filed, the defendant will be arrested, the “prima facie”  burden of proof will met at the preliminary hearing, and a criminal trial will be scheduled at the Court of Common Pleas in the county of jurisdiction.

This scenario is all too common for Attorney Thomas A. Pavlinic, who is the lead defense attorney for Premier Defense Group. Tom has been involved in such cases around the country, and knows firsthand how easily it is for an individual to find himself facing felony sex crime charges despite the lack of meaningful evidence.

Tom has 45 years of criminal defense experience, and has devoted the last 20+ years of his career defending clients nationwide in these specific types of cases. He knows how challenging these types of cases can be, especially in jurisdictions such as Pittsburgh and Philadelphia where prosecutors have vast resources.

When he represents clients in PA, he works as a team with a Group co-counsel lawyer who resides in, and is licensed to practice law in the local area where charges have been filed. This team approach has been very successful for him in past cases throughout the country, and can be used in your case should you be charged with any of the below crimes:

Rape

The crime of rape is defined under Pennsylvania law 18 Pa.C.S. § 3121. Rape is a felony of the 1st degree, and is committed when a person engages in sexual intercourse with a complainant under certain circumstances, such as by forcible compulsion, where the person is unconscious and others.

  • “Sexual intercourse” as used in this law means vaginal intercourse.
  • Because this crime is a 1st-degree felony, its associated penalty is not more than 20 years in prison and up to $25,000 in fines.
  • If the complainant is under 13 years old, the penalty is not more than 40 years in prison.
  • If the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense, the penalty is a maximum term of life imprisonment.
  • A conviction for this offense carries a lifetime sex offender registration requirement (Tier III).

Sexual Assault

The crime of sexual assault is defined under Pennsylvania law 18 Pa.C.S. § 3124.1. Sexual assault is a felony of the 2nd degree, and is committed when a person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.

  • “Sexual intercourse” as used in this law means vaginal intercourse.
  • “Deviate sexual intercourse” as used in this law includes oral and anal sex as well as object penetration of the genitals or anus (see 18 Pa.C.S. § 3101).
  • Because this crime is a 2nd-degree felony, its associated penalty is not more than 10 years in prison and up to $25,000 in fines.
  • A conviction for this offense carries a lifetime sex offender registration requirement (Tier III).

Statutory Sexual Assault

The crime of statutory sexual assault is often referred to as statutory rape, and is defined under Pennsylvania law 18 Pa.C.S. § 3122.1. This crime can be a 1st- or 2nd-degree felony depending upon age differences.

  • The crime is a felony of the second degree when a person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person meets conditions (1) or (2) below. The penalty is not more than 10 years in prison and up to $25,000 in fines. A conviction for (2) shown below carries a 25-year sex offender registration requirement (Tier II).
    1) four years older but less than eight years older than the complainant; or
    2) eight years older but less than 11 years older than the complainant.
  • The crime is a felony of the first degree when a person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other. The penalty is not more than 20 years in prison and up to $25,000 in fines. This offense carries a lifetime sex offender registration requirement (Tier III).

Involuntary Deviate Sexual Intercourse (IDSI)

The crime of involuntary deviate sexual intercourse is defined under Pennsylvania law 18 Pa.C.S. § 3123. This offense is a felony of the 1st degree, and is committed when a person engages in deviate sexual intercourse with a complainant under certain circumstances, such as by forcible compulsion, where the complainant is unconscious and others.

  • “Deviate sexual intercourse” includes oral and anal sex between humans, object penetration of the genitals or anus, and any form of sexual intercourse with an animal (see 18 Pa.C.S. § 3101).
  • Because this crime is a 1st-degree felony, its associated penalty is not more than 20 years in prison and up to $25,000 in fines.
  • If the complainant is under 13 years old, the penalty is not more than 40 years in prison.
  • If the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense, the penalty is a maximum term of life imprisonment.
  • A conviction for this offense carries a lifetime sex offender registration requirement (Tier III).

Aggravated Indecent Assault

The crime of aggravated indecent assault is defined under Pennsylvania law 18 Pa.C.S. § 3125. This crime can be a 1st- or 2nd-degree felony depending upon certain circumstances.

It is committed when a person engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures under certain circumstances, such as without the complainant’s consent, by forcible compulsion, where the complainant is unconscious, where the complainant is less than 13 years old, and others.

  • This offense prohibits digital penetration (the use of a finger), or penetration by any other part of the body that is not a sex organ into the genitals or anus of a complainant, however slight, under the circumstances described above as well as others.
  • With exceptions, this offense is graded as a 2nd-degree felony and the penalty is not more than 10 years in prison and up to $25,000 in fines.
  • It is graded as a 1st-degree felony if the complainant is less than 13 years of age AND certain circumstances were a part of the crime. In this case, the penalty is not more than 20 years in prison and up to $25,000 in fines.
  • A conviction for this offense carries a lifetime sex offender registration requirement (Tier III).

Indecent Assault

The crime of indecent assault is defined under Pennsylvania law 18 Pa.C.S. § 3126. This crime can be a 1st- or 2nd-degree misdemeanor, or a 3rd-degree felony  depending upon certain circumstances.

It is committed when a person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant under certain circumstances such as without the complainant’s consent, by forcible compulsion, where the person is unconscious, where the complainant is less than 13 years old, and others.

  • This offense prohibits sexual touching under the circumstances described above and others.
  • Prohibited touching can be over or under clothing, and does not have to be on a sexual organ.
  • A violation of § 3126(a)(1) or (a)(8) constitutes a 2nd-degree misdemeanor, and is punishable by not more than 2 years in prison and up to $5,000 in fines. Registration requirements are a 15-year registration (Tier I) and a 25-year registration requirement (Tier II), respectively.
  • A violation of § 3126(a)(2) through (a)(6) constitutes a 1st-degree misdemeanor, is punishable by not more than 5 years in prison and up to $10,000 in fines, and carries a 25-year registration requirement (Tier II).
  • A violation of § 3126(a)(7) constitutes a 1st-degree misdemeanor unless certain conditions apply, in which case the offense is graded as a 3rd-degree felony. As a 1st-degree misdemeanor, it is punishable by not more than 5 years in prison and up to $10,000 in fines, and carries a 25-year registration requirement (Tier II). As a 3rd-degree felony, it is punishable by not more than 7 years in prison and up to $15,000 in fines, and carries a 25-year registration requirement (Tier II).

Importance of a Pennsylvania Sex Crimes Lawyer

As with other types of cases, cases involving alleged sex crimes present inherent and sometimes unique challenges to defense attorneys. Pennsylvania prosecutors are often very much aware of the challenges that defense attorneys must overcome in such cases and build their cases in a fashion that capitalizes on them.

There is no room for surprise when a judge permits seemingly prejudicial testimony, permits the admission of out-of-court statements that would otherwise be considered inadmissible hearsay, or precludes the admission of seemingly relevant evidence offered by the defense.

When a defendant is facing the possibility of spending decades in prison and having to live in society as a registered sex offender, his attorney should be extensively experienced defending clients who are charged with same crime that he is. An experienced sex crime lawyer knows what to expect and is one’s best defense against being wrongly convicted.

Contact Us for a Free Consultation

Tom represents clients throughout Pennsylvania. If you have been contacted by police, believe that you are under investigation, or simply believe that you are being accused, please call 800-993-0632 or use our contact form. Our phone is answered 24 hours a day, 7 days a week.