Involuntary Deviate Sexual Intercourse Attorney in Pennsylvania

Pennsylvania law covers a long list of sex crimes, from rape and sexual assault to statutory rape and indecent exposure. They are all serious offenses, but among the most serious is involuntary deviate sexual intercourse. Similar to rape, it’s a crime centered around forcible sexual intercourse. Penalties can be severe, especially if a child is involved.

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

Involuntary Deviate Sexual Intercourse vs. Voluntary Deviate Sexual Intercourse in Pennsylvania

Pennsylvania’s involuntary deviate sexual intercourse is closely related to an earlier statute, one that is no longer on the books. That law, known as voluntary deviate sexual intercourse, outlawed all acts of anal or oral sex between unmarried couples. Like most such anti-sodomy laws in the United States, it served for many years as a means to punish gays and lesbians. But in 1980 the Pennsylvania Supreme Court ruled that it violated the state’s constitution. The U.S. Supreme Court later ruled all such laws inappropriate under the U.S. Constitution. Pennsylvania’s was formally taken off the books in 1995. The involuntary deviate sexual intercourse statute is what remains.

Involuntary Deviate Sexual Intercourse: Force or Threat in Pennsylvania

It is involuntary deviate sexual intercourse in Pennsylvania to commit an act of oral or anal sex on a person or to penetrate the person with a foreign object (unless for medical, hygienic or police procedures) under the following circumstances: when force or the threat of force is used; when the victim is unconscious, drugged or unaware of what is happening; when the victim has a mental disability that makes him unable to consent; or when the victim is less than 16 years old and the accused is 20 years old or older and is not married to the victim. It is also involuntary deviate sexual intercourse to have sex with an animal if force or drugging is involved. In a sense this statute is similar to Pennsylvania’s rape statute, which makes it a crime to engage in any act of sexual intercourse by use of force or the threat of force; when the victim is unconscious, drugged or unaware; when the victim has a mental disability; or when the victim is younger than 13. The principal difference between the two statutes is the type of sex act involved. Involuntary deviate sexual intercourse is often charged in addition to other sex crimes such as aggravated indecent assault and indecent assault.

Involuntary Deviate Sexual Intercourse: Consequences in Pennsylvania

Generally speaking, involuntary deviate sexual intercourse is a first-degree felony punishable by as many as 20 years in prison and $25,000 in fines. But if the offense involves a child younger than 13, a 40-year sentence is possible, while causing serious bodily injury to a child during involuntary deviate sexual intercourse could carry a life sentence. Being convicted of involuntary deviate sexual intercourse has other far-reaching consequences. It is a sex offense that requires lifetime registration on the state’s sex offender database.

Involuntary Deviate Sexual Intercourse: Defenses in Pennsylvania

Consent is often the strongest defense to a charge of involuntary deviate sexual intercourse. Where the age of a child victim determines the penalties for this crime, it is not a valid defense to argue that you did not know the child was younger than 13.

If you or a loved one are in the Pennsylvania area and have been charged with involuntary deviate sexual intercourse, call Brian Manchester, an experienced involuntary deviate sexual intercourse defense lawyer in Pennsylvania. He can help you build the defense you need today.

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