November 13, 2017By Brian Manchester
Have you or someone you know been charged with Rape in Pennsylvania? The charge of Rape in Pennsylvania can have very serious consequences that can include up to twenty years in prison and thousands in fines just for a single charge. Not to mention the collateral consequences of just being charged or the registry consequences that you could also be facing.
In Pennsylvania, rape is defined as a person engaging in sexual intercourse with a complainant by forcible compulsion. The complainant can be either a male or female. Under Pennsylvania law, it is rape when:
- By forcible compulsion.
- By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
- Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
- Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
- Who suffers from a mental disability which renders the complainant incapable of consent.
Additional Penalties: In addition to the penalty provided for the offense above, a person may be sentenced to an additional term not to exceed ten years’ confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.
Rape Of A Child: A person commits the offense of rape of a child, a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age.
Punishment: if convicted of this offense the punishment is that the individual shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
Rape Of A Child With Serious Bodily Injury: A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.
Punishment: If convicted of this offense the punishment is that the individual shall be sentenced up to a maximum term of life imprisonment.
One pitfall you must keep on the lookout for is the alleged victim will sit down with the detective and sometimes the District Attorney office. They will usually attempt to call you and talk to you about the situation. What I mean by that is that the victim will call you and not tell you that the detective and District Attorney are sitting in the room listening to the conversation over speakerphone. If you have any indication that someone is attempting to claim rape even if it was completely consensual this could be happening to you and the conversation that they hear can be used against you as evidence. You never know the motives behind an individual making such a serious accusation, thus it is very important to contact an attorney right away to inform you of your rights in this situation.
As you can see being charged with Rape in Pennsylvania is very serious offense. The results of a conviction will be a felony which could result in spending decades in prison. If the police arrest you Rape it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.
It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Rape in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.