Involuntary Deviate Sexual Intercourse (IDSI) is a sex crime and definitely a felony offense, but it is somewhat a little different from the other sex crimes. Being charged with rape is different from IDSI.
Rape is defined as sexual intercourse with another by force, under threat where the victim is made to believe that he or she cannot prevent the sexual intercourse, with an inebriated or unconscious person who is not aware of the sexual intercourse, with a person who is impaired by alcohol, drugs, or other intoxicating substances which the defendant regulated or is aware of, or with a person who is not mentally stable.
Involuntary sexual deviate intercourse is defined as the same as the above explanation for rape but with an additional condition that the victim is 15 or less than 15 years old; the defendant will be at least 4 years older than the victim; or the victim and the defendant are not married.
The substantial difference that exists between rape and IDSI is stated in its definition. The Pennsylvania Criminal Code, Chapter 18 Section 3101, which defines it as “sexual intercourse per os or per anus between human beings,” where the “Per os” refers to the mouth which indicates that IDSI is the rape that involves oral or anal penetration as opposed to vaginal.Punishment for IDSI & Rape
Both rape and IDSI are one of the most serious criminal offenses that a defendant can be charged with, and needless to say, are also first-degree felonies. First-degree felonies in Pennsylvania are subject to imprisonment of a maximum 20 years along with a fine amount of $25,000. But some individuals who plead guilty or are convicted of rape can be imprisoned up to another 10 years and pay an additional amount of maximum fine of $100,000. This means the total years of prison time will become 30 years, and the fine amount will be $125,000.
The additional penalties are imposed in situations where the defendant makes use of chemical substances such as alcohol or drugs without the knowledge of the victim in order to sufficiently impair the power of reasoning, appraise, or control, prevent resistance or induce a loss of memory.
Moreover, rape, as well as IDSI, will include greater penalties for victims who are children, less than 12 or 12 years of age, or when the defendant causes severe physical harm to the victim. This denotes permanent, long-term, and potentially fatal injuries. Defendants could also be subjected to life imprisonment without chances of parole, i.e., an early release from jail, depending on the circumstances of the alleged offense.Defenses against ISDI charges
In a case involving involuntary sexual deviate intercourse, two things must be proven by the prosecution: forcible compulsion, and deviate sexual intercourse. The sexual intercourse must be proved to have occurred because of the forcible compulsion, and it must be proved beyond a reasonable doubt.
The credibility of the person making the complaint is one of the first things a defense attorney will look at. Is the person mentally stable? Does the person hold a grudge against the defendant?
Another issue to examine will be if the person consented to the sex and then changed his or her mind later, or if that person misunderstood the intent behind the touches of the defendant.Fight Your IDSI Allegation with the Help of a Criminal Defense Attorney in Pennsylvania
Have you or your family members been accused of an involuntary deviate sexual intercourse offense? Then, you should immediately resort to an experienced and skilled Pittsburgh criminal defense attorney or any other skilled and adept criminal attorney in Pennsylvania. Find a lawyer who has represented several clients convicted of such serious offenses including child pornography, statutory sexual assault, or rape, and has emerged successful in trying to free them from all charges. Use your attorney’s knowledge and experience to your advantage and acquire the maximum guidance from them in order to battle out the charges against you.