Rape Defense Lawyers in Erie, PA

Elements of Rape Under Pennsylvania’s Criminal Code

18 Pa. Cons. Stat. Sec. 3121 defines rape as engaging in sexual intercourse with another person if any of the following are true:

• The alleged perpetrator used forcible compulsion,
• The alleged perpetrator used the threat of forcible compulsion, which would prevent a reasonable person from resisting,
• The victim was unconscious, or the alleged perpetrator knows that the victim is otherwise unaware that the sexual intercourse is occurring,
• The alleged perpetrator has substantially impaired the victim’s ability to appraise or control his or her conduct through the use of drugs, intoxicants or other means (without the victim’s knowledge) for the purpose of avoiding resistance, or
• The victim suffers from a mental disability that renders the victim incapable of consent.

Statutory rape, under 18 Pa. Cons. Stat. Sec. 3122.1, in Pennsylvania, is now punished as statutory sexual assault, which is a second-degree felony. To convict on statutory sexual assault charges, the prosecution must show that the victim was under the age of 16, was not the defendant’s spouse and the defendant was either:

• Four years older, but less than eight years older, than the victim, or
• Eight years older, but less than 11 years older, than the victim.

If the alleged perpetrator was 11 or more years older than the victim, the crime is prosecuted as a first-degree felony.

Arrested on Rape or Date Rape Charges in PA? Our Skilled Criminal Defense Lawyers Fight to Protect Your Freedom

Pennsylvania law imposes a harsh punishment on those who have been convicted of rape, date rape or any other type of sex crime. Rape is generally a first-degree felony, for which a defendant will face up to 20-30 years in prison, depending upon the circumstances, in addition to monetary fines, probation and lifetime registration requirements. If the victim was a child, and the defendant caused serious bodily injury in perpetrating the rape, the crime is punishable by up to a life sentence in prison.

Pennsylvania law also imposes additional penalties if the rape or date rape was accomplished by using a drug or other substance (for example, the “date rape drug”) without the victim’s knowledge that would prevent the victim from resisting—under these circumstances, the courts may impose up to an additional $100,000 fine and a prison term of up to ten years in addition to any other prison sentence that may apply.

Experienced Pennsylvania Rape and Date Rape Lawyers Explore Every Available Defense Strategy in Your Case

Formulating a strong defense strategy is necessary in every single rape case, and we will work to determine whether any of the following strategies may be available in your case:

• Consent. If the victim actually consented to the sexual intercourse, the crime of rape cannot be established.
  Innocence. In some cases, we can establish that you had an alibi (you were somewhere else) at the time the rape occurred,
• False accusations. False accusations of rape do occur for a variety of reasons, and we will work to uncover whether the alleged victim had a motive for falsely accusing you.
• Mistaken identity. It is possible that the victim did not clearly see her attacker, and so identified you as the perpetrator by mistake.
• Insanity. In cases where the defendant was mentally ill at the time, penalties may be reduced or modified to reflect that disability.

Schedule a Confidential Consultation With a Reputable Erie Criminal Defense Lawyer Today

If you have been accused of rape, date rape or any other sex crime, the legal advice of an experienced and reputable criminal defense attorney can be critical to protecting your future. At Purchase, George & Murphey, our rape defense attorneys have the experience necessary to understand the challenges that a rape case can present, and we have the resources necessary to conduct an intense and thorough investigation to uncover all potentially exonerating evidence.

Call our offices or fill out this online form, to schedule a confidential consultation with our experienced Pennsylvania criminal defense lawyers to discuss allegations of rape or date rape that have been brought against you today. For your convenience, we have three office locations located at 2525 W.26th St., Erie, PA 16506, 310 Chestnut St., Suite 111, Meadville, PA 16335 (in the Masonic Building) and 68 East Main Street, North East, PA 16428.

Frequently Asked Questions About Rape Defense