Statutory Sexual Assault Charges

Facing Statutory Sexual Assault Allegations in Pennsylvania

When people think of “statutory rape” they often think of a teacher/student situation in which the student is underage. However, these types of charges can apply to many types of situations.

Statutory Sexual Assault charges are very serious and, if found guilty and convicted, can put you behind bars for up to 20 years and force you to register as a sex offender for the rest of your life.

No forced assault or rape has to occur for a person to be guilty of statutory rape. This is why it can be very confusing to be charged with statutory rape, especially if the younger party consented and was hiding their true age.

If you were charged with statutory rape or if the police have contacted you about such charges, you should contact an attorney immediately to discuss your situation.

Being charged with any crime is scary, but sex crime convictions have steep punishments and can ruin your future, career, job prospects, and reputation.

Sex Crime Attorney Wana Saadzoi has fought and won several high-profile sex crime cases. She is aggressive and experienced and will help you fight your charges and prepare your case for the best possible outcome.

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Statutory Rape / Statutory Sexual Assault Definition

Statutory Sexual Assault is defined as having sexual intercourse with a person who is legally unable to consent. This means they are under the age of consent, which in Pennsylvania is age 16.

Unlike Rape charges or Involuntary Deviate Sexual Intercourse, force and lack of consent are not required in order to be charged with Statutory Sexual Assault. Even if the minor consented, it is still considered sexual assault.

According to Pennsylvania’s Consolidated Statutes §3122.1  Statutory Sexual Assault is defined as the following:

a) A person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married and who is under the age of 16 years and that person is either:

(1)four years older but less than eight years older than the complainant; or

(2)eight years older but less than 11 years older than the complainant.

(b) A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant

One way to interpret this law is if a 20-year-old person is having sex with a 16-year-old, it is a felony of the second degree.

The law previously did not apply to a married person under the age of 18. However, a new 2020 Pennsylvania law makes it illegal for anyone to obtain a marriage license if they are under the age of 18. Read Pennsylvania House Bill 30, the new marriage law.

Sentencing Guidelines for a Statutory Sexual Assault Conviction in Pennsylvania

A conviction of Statutory Sexual Assault in Pennsylvania comes with very severe punishments. Penalties for a sex assault in PA can include:

  • Ten to twenty years in prison;
  • A $25,000 fine;
  • A first- or second-degree felony

If you were charged with a sex crime in Pennsylvania, a conviction can mean years in prison, decades on probation, and a lifetime of having to register as a sex offender after your release from prison. Failure to register as a sex offender as required by law can mean up to ten years in prison.

An Arrest is Not a Conviction
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Pennsylvania Sex Crime Lawyer

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610-566-5956

Age of Sexual Consent in Pennsylvania

In Pennsylvania, the age of consent is 16 years of age. An adult who has intercourse or any sexual activity with anyone under the age of 16 years of age, is committing a serious crime.

It may or may not be legal for teenagers who are 13, 14, and 15 years of age to legally engage in sexual activity with partners less than four years their senior.

It is possible that statutory rape charges will not apply, but other criminal offenses could still apply, even if the sexual activity is consensual. These charges could apply under PA Code § 6301 Corruption of Minors.

Romeo and Juliet Laws in Pennsylvania

In Pennsylvania, to protect minors from criminal liability who are having a consensual sexual relationship, Romeo and Juliet laws were created.

The minors must be over the age of 13 for the exception to apply and their partner cannot be more than four years older. For example, the exception does not apply if a person is age 13 and their partner is 18. A person who is 15 years old can legally have sex with someone is 17, as long as it is consensual.

It is illegal to have sex with anyone under the age of 13. Doing so falls under Pennsylvania’s child rape law.

An Arrest is Not a Conviction
Get a Free Legal Case Evaluation

Pennsylvania Sex Crime Lawyer

Call Attorney Wana Saadzoi Today
610-566-5956

Statutory Sexual Assault Charges Are Not a Conviction

It is important to remember that sexual allegations are only allegations, not a conviction.

If you have been accused of statutory rape, the charges CAN be fought in court.

Your freedom is at stake, but you do have legal options to fight back against your charges. Even if a not-guilty verdict is not possible, there are legal options for the possibility of getting the charges reduced and penalties lessened.

There are many defenses to sex crimes, even statutory sexual assault. One defense is proving that the defendant was not made aware of the minor’s legitimate age at the time the sex act occurred.

FIND A GREAT, EXPERIENCED LAWYER WHO WILL FIGHT FOR YOU

An experienced sex crime attorney is going to have a much better chance of getting your charges dropped or reduced.

Attorney Saadzoi is a tough criminal lawyer with a reputation for winning sex crime cases in Southeastern Pennsylvania. She works specifically in Delaware, Montgomery, and Chester Counties.

An Arrest is Not a Conviction
Get a Free Legal Case Evaluation

Pennsylvania Sex Crime Lawyer

Call Attorney Wana Saadzoi Today
610-566-5956

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When your life and future are at stake, you want the most experienced and dedicated sex crime attorney for the job – and that is Attorney Wana Saadzoi.

Call 610-566-5956 to schedule a free legal case evaluation.