These criminal offenses involve sexually-related activity that is committed without the consent of the alleged victim. Rape can be charged if the offense involved using physical force, threatening the alleged victim, taking advantage of the victim after she/he has been impaired by alcohol or drugs, or committing the offense while the alleged victim was unconscious or mentally incapable of consent.
Rape is charged as a first-degree felony.
Sexual assault also involves various forms of sexual acts committed without the consent of the alleged victim. It is typically charged as a second-degree felony.
Pennsylvania provides special laws to those who commit sexual assault and who are in positions of authority over the victim, such as teachers, principals, school counselors, coaches, volunteer workers, caretakers, social service workers, and others.
Indecent assault can be committed in various ways, such as through force, the threat of force, using drugs or alcohol, when the victim is unconscious, when the victim is mentally disabled, when the victim is under 13, or when the victim is under 16 and the alleged offender is more than four years older.
Depending on the circumstances, sexual assault can be charged in varying degrees of felonies. In addition to potential prison time and fines, those convicted must maintain sex offender registration under Pennsylvania’s Megan’s Law.
WHAT IS THE STATUTE OF LIMITATIONS ON SEX CRIMES IN PA?
In Pennsylvania, the statute of limitations for rape is 12 years after a person commits the crime. This law only applies to victims 18 years of age or older. Victims of rape, sex trafficking, and sexual assault who are under the age of 18 do not have a time limit.
Megan’s Law in PA: A Comprehensive Guide
Megan's Law in Pennsylvania is a set of regulations requiring the state police to maintain a public registry of convicted sex offenders and sexually violent predators (SVPs). This publicly accessible online database aims to protect the public, especially children, from potential re-offenses by these individuals.
Ending Megan's Law Registration Requirements in PA
Megan's Law in Pennsylvania allows adult offenders to petition the court to end their registration requirements early in some instances. The process depends on which tier applies to the specific sexual offense.
In all sex crime charges, it is essential to secure legal representation from a qualified Pennsylvania sex crimes attorney. If you are someone who has been accused of a sex crime, it is best to know your rights. There are various levels of sexual abuse, so you want to learn what you are accused of and the degree of the accusation. You want a reliable defense lawyer to defend you and your rights.
Anyone charged with a sex crime, regardless of severity, should seek the counsel of a criminal defense lawyer in Lackawanna, PA.
Can You Get Off Megan's Law in PA?
Megan's Law in Pennsylvania allows adult offenders to petition the court to end their registration requirements early in some instances. The process depends on which tier applies to the specific sexual offense.
In all sex crime charges, it is essential to secure legal representation from a qualified Pennsylvania sex crimes attorney. If you are someone who has been accused of a sex crime, it is best to know your rights. There are various levels of sexual abuse, so you want to learn what you are accused of and the degree of the accusation. You want a reliable defense lawyer to defend you and your rights.
Anyone charged with a sex crime, regardless of severity, should seek the counsel of a criminal defense lawyer in Lackawanna, PA.
Commonly Asked Questions
What should I do if I am accused of sexual assault in Pennsylvania?
If you are accused of sexual assault in Pennsylvania, the first step is to try to remain calm and avoid discussing the case with anyone other than your attorney. It's crucial to seek legal representation immediately, as an experienced attorney can guide you through the legal process and guard your rights. They can help you understand the charges against you, the potential consequences, and the possible strategies for your defense. Gathering evidence, identifying witnesses, and preparing for court are all essential steps that your attorney can assist you with to pursue a favorable outcome.
What defenses can be used against sexual assault charges?
When facing sexual assault charges, several defenses can be employed depending on the circumstances of the case. One common defense is consent, where it could be argued that the alleged victim voluntarily agreed to engage in the sexual activity. Another potential defense is mistaken identity, which asserts that the defendant was incorrectly identified as the perpetrator. Alibi can also serve as a defense, demonstrating that the accused was elsewhere when the crime occurred. Overall, your defense depends on the details of your case. As such, it's important to work with experienced legal counsel to create the best-suited defense strategy for your situation.
Choose a Lackawanna Defense Attorney with Proven Results
When facing sex crime allegations, your freedom and future may be on the line for years to come. At Bernard J. Brown, Esq., LLC, you can turn to a Lackawanna criminal defense lawyer who can help you in countless ways.
From providing advice about how best to respond to police questions or court proceedings to prevent incriminating yourself to a full review of existing evidence, challenging the prosecution’s case at trial, and more, your choice of attorney can have a significant impact on the legal process. Our defense attorney is a proven trial lawyer who understands the nuances, tactics, and potential strategies of defense work. His goal is to help you secure optimum results.
Understanding Your Rights After a Sex Crime Charge in Lackawanna County
Facing a sex crime charge can be overwhelming, but it's crucial to understand your rights throughout the legal process. Knowing your rights can empower you to make informed decisions and navigate the complexities of your case more effectively.
Here are some key rights to be aware of:
- The Right to Remain Silent: You have the right to avoid self-incrimination. It's advisable to consult with an attorney before speaking to law enforcement.
- The Right to Legal Representation: You are entitled to an attorney who can advocate for you and ensure your rights are protected throughout the proceedings.
- The Right to a Fair Trial: You have the right to a fair and impartial trial, where evidence against you must be proven beyond a reasonable doubt.
- The Right to Challenge Evidence: You can contest any evidence presented against you, including questioning its validity or how it was obtained.
- The Right to Appeal: If convicted, you have the right to appeal the decision, seeking a review of the case for potential errors in the trial process.
At Bernard J. Brown, Attorney at Law, we are committed to protecting your rights and providing the guidance you need during this challenging time. Our experienced legal team will work tirelessly to build a strong defense tailored to your unique situation. Remember, you are not alone—reach out to our Lackawanna sex crimes defense attorney for support and advocacy.
