Indecent Assault in Pennsylvania

In Pennsylvania, being charged with indecent assault can lead to long-lasting consequences. Even if the charges are the result of a one-time indiscretion, penalties can include prison time, substantial fines and long-term registration as a sex offender.

If you are facing indecent assault charges in the Pennsylvania area, call Brian Manchester, an experienced indecent assault defense attorney in Pennsylvania. Call today. It is important to start working on your defense right away.

Indecent Assault in Pennsylvania

Under Pennsylvania law, indecent assault occurs when an offender has any “indecent contact” with a victim or brings the victim into contact with semen, urine or feces for sexual purposes under the following circumstances:

  • Where there is no consent.
  • Where force or the threat of force was used.
  • Where the victim is unconscious or unaware of what is happening.
  • Where the offender drugs the victim.
  • Where the victim suffers from a mental disability rending them incapable of consenting.
  • Where the victim is younger than 13 OR
  • Where the victim is between 13 and 15 and the offender is 10 and older and unmarried to the victim.

Indecent contact includes any touching of another person’s private parts for purposes of sexual arousal or gratification. Indecent assault is punishable by as many as two years in prison if the indecent contact occurs without consent or if the victim is between 13 and 15 and the perpetrator is at least 20.

Indecent assault involving force, the threat of force, drugging, disability or unconsciousness is punishable by as many as five years in prison. So is indecent assault of a child younger than 13, except under certain circumstances where it carries penalties including as many as seven years: where the charge is a second or subsequent offense, where the indecent assault was part of a pattern, or where the indecent contact involves direct touching between the private parts of the offender and the victim.

Aggravated Indecent Assault in Pennsylvania

Pennsylvania has a related and more serious statute: aggravated indecent assault, which carries more severe penalties. Under this law it is a crime to penetrate the genitals or anus of another person for any reason other than good-faith medical, hygienic or law enforcement procedures if there:

  • Is no consent.
  • If force or the threat of force is used.
  • If the victim is drugged, unconscious, or otherwise unaware of their surroundings.
  • Where the victim suffers from a mental disability rending them incapable of consenting.
  • Where the victim is younger than 13 OR
  • Where the victim is between 13 and 15 and the offender is 10 and older and unmarried to the victim.

Differences Between Indecent Assault & Aggravated Sexual Assault

The main difference between indecent assault and aggravated sexual assault is the type of contact, in that aggravated indecent assault requires penetration, however slight. Aggravated indecent assault is punishable by as many as 10 years in prison. Aggravated indecent assault on a child is a separate crime and includes any aggravated indecent assault on a child younger than 13 without consent, while using force or the threat of force, while the victim is unconscious or unaware, while the victim is drugged, or where there is a mental disability. Aggravated indecent assault of a child carries penalties including as many as 20 years in prison.

Conclusion

Just because you or a loved one have been accused of Indecent Assault or Aggravated Indecent Assault, doesn’t mean that you or they are automatically found guilty and have to face a tremendous prison sentence. An attorney who is experienced in Sexual Abuse crimes and understands the science that goes into a prosecutor’s case against you can help you receive reduced charges or force the government to entirely drop their case.

If you or a loved one are in need of a comprehensive criminal defense, call Manchester & Associates at 814-355-1499 as soon as possible. Our Free Strategy Session allows you to begin building your defense, free of any obligation.