In Pennsylvania law, sexual assault has specific consequences. Most of the incidents of sexual assault in Pennsylvania are covered under a single statute. In case, the defendant is violating a PFA order or in the case, domestic violence is involved, the crime of sexual assault becomes aggravated. So, if you are charged with sexual assault, it is necessary that you get in touch with a Pittsburgh domestic violence lawyer. Come to Logue Law Group, so that we can ensure you get the rightful outcome with your rights protected.Sexual Assault
Sexual assault is defined in Title 18 Chapter 31 of Pennsylvania’s criminal statutes. This is a sexual act that is done against the consent of the plaintiff. It can have several different categories as per the law.Rape 18 Pa. C.S.A. § 3121
If a person is the victim of forceful sexual intercourse without their consent, it is called rape. The following scenarios might be involved:
- The victim is physically forced to give in
- The offender has threatened to do so
- When the victim is unconscious
- The victim is not mentally able to express consent
- The victim’s judgment is clouded due to intoxication or drug abuse
Rape is a first degree felony.Sexual Assault 18 Pa. C.S.A § 3124.1
Sexual assault is a broad spectrum term that covers many other nonconsensual sexual acts apart from rape. The statute reads:
"a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent."
Sexual assault is a second degree felony offense. There are also different provisions including people related with sports, volunteer workers and employees of a nonprofit organization.Indecent Assault Pa. C.S.A. § 3126
The assault is done with indecent and lewd gesturing and the contact with genitals or bodily fluid happens, this will be considered as indecent assault.
- The act is done without the consent of the victim
- The victim was forcibly compelled
- The victim was under threat
- The offender has used alcohol or drug to make the victim unconscious or with impaired judgment
- The victim was unconscious
- The victim was a minor, bellow 13 years of age
- The victim doesn’t have the mental faculty to consent
- The victim is under 16 years of age and the defendant is four years older and not related by marriage
This can be a second degree misdemeanor. In some cases, it can be a third degree felony offense.Penalties for Sexual Assault
The penalties of sexual assault can be diverse depending on the severity of the crime. If it is a first degree felony, the offender gets 20 years of imprisonment and $25,000 fine. In the case of second degree felony, it will be 10 years of jail time and a fine up to $25,000. Third degree felony will mean that the convicted will get 7 years of jail time and $10,000 fine. For a first degree misdemeanor, you can get 5 years of jail time and fines up to $10,000. In the case of second degree misdemeanor, you will get 2 years of jail time and fine up to $5000. Apart from the criminal record, you will be registered as a sexual offender in Pennsylvania.Contact With Pittsburgh Domestic Violence Lawyer
If you have been charged falsely for the sexual assault, come to us. Our Pittsburgh domestic violence lawyer will defend you in the court aggressively and will help you get the rightful outcome.
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