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Rape in Pennsylvania is defined under 18 Pa. Cons. Stat. § 3121. For an individual to face a rape conviction in Pennsylvania, the prosecuting attorney must prove that the accused engaged in sexual intercourse with another individual with one of the following factors present:
What are the Penalties if Convicted of Rape in Pennsylvania?
If an individual is charged with rape in Pennsylvania, it is a first degree felony offense. The penalties for a first degree felony in Pennsylvania could include a fine up to $25,000. An individual convicted of rape could also face up to 20 years in prison.
There are some circumstances that can lead to additional penalties, which could extend the sentence and increase fines. According to 18 Pa. Cons. Stat. § 3121(b), if the accused gave the victim any type of substance to prevent resistance, it could add 10 years to a prison sentence. The same section states that under these circumstances, fines could be increased up to $100,000.
In Pennsylvania, rape that involves children can also carry a longer sentence, which is especially true if the child was injured during the act. If an individual is accused of raping a child under the age of 13, the accused could face up to 40 years in prison. When a child was seriously injured, the accused could face a life sentence in prison if convicted.
Those who are convicted of rape in Pennsylvania must also register as a sex offender. If it is a Tier III offense, those convicted will have to register as a sex offender for the remainder of their lives. When an individual fails to register as a sex offender in Pennsylvania, it could lead to additional prison time and more fines.
What You Should do if You are Charged With Rape
If you are arrested for rape, it is important not to provoke the arresting officer. Typically, those charged with rape will have to remain in jail overnight. You should not speak with the police about the circumstances that surround your arrest. Anything that you say can be used as evidence during your trial, and what you say can easily be taken out of context and used against you. When the police try to question you, the best course of action is to politely tell them that you will not answer any questions until your attorney is present.
The Importance of a Criminal Defense Attorney
If you have been charged with rape, it is vital to hire a skilled criminal defense attorney as soon as you can. A defense attorney can investigate the situation and determine if there is any evidence other than the the claimant’s accusation. When the only evidence is the accusation, a defense attorney may be able to discredit the accusation if it is not true. There are also instances of mistaken identity, and a criminal defense attorney can help those in these situations prove their innocence.
If you are convicted of a rape charge, the penalties can be damaging. Pennsylvania has established strict laws and penalties for those convicted of rape, and the negative consequences can last for many years after the case concludes. A criminal defense attorney can help those accused of rape establish a solid defense, and they can ensure their clients rights are always protected.
If you have been charged with rape in Montgomery County, contact our law office to schedule a consultation. Our team of criminal defense experts have the legal knowledge and experience to help.
If you’ve been accused of rape, it can sometimes lead to significant changes in your life. As soon as you are charged with the crime, you need to contact an attorney who can offer the assistance that you need to provide evidence that you didn’t commit the crime. However, an attorney can also offer assistance in getting your sentence reduced or your charges reduced if you are found guilty. Rape is a charge that you need to take very seriously as it can result in your family members and friends looking at you in a different light and impacting the jobs that you can hold.
If you engage in sexual activity with another person who doesn’t comply with your actions, then you have committed the crime of rape. The victim can be female or male. There are a few factors that should be noted about rape. You will be charged if there was any kind of force involved at all or there was even the threat of using force against the other person. If you are aware that the victim does not know that the sexual act is taking place, then you can be charged with rape. Using any kind of drugs to alter the mental or physical state of the victim so that the person is unable to comply with your sexual actions and requests constitutes rape. You can also be charged with the crime if the person is physically or mentally handicapped that prevents them from complying or rejecting your actions.
This is one of the most serious crimes as it’s often considered a first-degree felony in Delaware County. You can be sentenced to spend up to 20 years in prison. An attorney can offer details about your criminal background and the events surrounding the charges to try to keep your sentence to a minimum. If a drug was used during the rape, then you can spend up to 10 additional years in prison.
If you rape a child who is under the age of 13, then you can be charged with a first-degree felony. It can also be considered statutory rape. The age of the child will often play a factor in determining your sentence. Any injuries that occurred to the child will likely result in a punishment that is more severe than if there were no injuries to the child. Rape of a child can result in up to 40 years in prison.
Sometimes, a person you know could accuse you of rape because that person is angry about something that you did or is trying to make your life miserable for some reason. Even if you are arrested because of the accusations, you might not be convicted of rape. This is where an attorney is important to have on your side because evidence to negate the rape charges can be introduced in court. There are times when you and another person take part in a sexual act with drugs or alcohol involved in the decisions that you make. Although you might not have a clear mind about what happens at the time, you might think that the sexual activity was consensual because you were talking to the other person before you engaged in intercourse. The other person could make a claim of being too impaired to consent to the act.
In the event that you’re arrested, cooperate as much as you can with the officer and with other members of the court. There are different scenarios involving your punishment depending on the situation that occurred and your criminal history. Contact an attorney as soon as you can, but keep in mind that you will likely stay at least a few nights in jail until you go to court and find out more about your charges.