Statutory Sexual Assault is a very nuanced area of the law. The law can be confusing. Most lawyers have no idea how to handle these charges. It is one of the most frequently incorrectly charged criminal offenses in PA. It can carry with it a lifetime of problems…. if you choose the wrong attorney. When it comes to finding the best Pennsylvania Sex Crimes attorney, we are it.
Indecent Assault dismissed
I have never seen or heard of a more talented group of people and I believe if people really care about their life and future they’ll think real hard about hiring you guys.
SL
Agg Indecent Assault dismissed
Justin, I believe, is the best bar none. Not only just in the courtroom but also for just being a great guy. I’ve always been told not to trust an attorney but Justin I trust along with the whole firm.
Anonymous
Was able to take tension off of the situation, and able to explain what was going on. Also helped put my mind at ease knowing that they were helping me along the way
R.M.
I called at midnight the night before my hearing and spoke with Attorney Barrouk for almost an hour. He attended my hearing and got my charges dismissed.
T.M.
Everything
I felt your firm had everything under control. you were on top of things and most of all I knew I did not have to worry about anything – which was great.
ML
The Law on the books
There are two basic types of Statutory Sexual Assault. You can read the entire law here: 18 Pa.C.S. § 3122.1(b) (Statutory Sexual Assault)
The distinction between the two charges focuses around age.
For all forms of Statutory Sexual Assault, the government must prove beyond a reasonable doubt the following:
- The accused
- engaged in sexual intercourse
- with a victim to who he or she is not married
- the victim is under 16:
AND THEN COME THE ALTERNATIVES
A. The relationship in terms of age between the accused and the victim is either
- the accused is four years older but less than eight years older than the victim; or
- the accused is eight years older but less than 11 years older than the victim.
B. The accused is 11 or more years older than the victim.
Maximum Punishments for Statutory Sexual Assault in PA
If the government proves all of the elements and if the victim/defendant age meets Alternative A, it is a felony of the second degree. All Felonies of the second degree in PA have a maximum sentence of 10 years and $25,000 max fine.
If the government proves all of the elements and if the victim/defendant age meets Alternative B, it is a felony of the first degree. All Felonies of the first degree in PA have a maximum sentence of 20 years and $25,000 max fine.
There is significant litigation ongoing now about Age-based mandatory minimums in PA. The government may try to have you sentenced pursuant to a mandatory minimum sentence. If the government tries, your attorney needs to challenge it every single time.
Age of consent in PA
The age of consent for an adult to a minor in PA is 16 years old. The law does allow for argument of what is called a “mistake of age” defense when the alleged victim is older than 14 but the accused reasonably believed that the complaining witness was over the age of consent. If the complaining witness is under the age of 14, consent is not possible and the “mistake of age” defense is not possible either.
Statutory Sexual Assault-Statute of Limitations
For all forms of Statutory Sexual Assault have a statute of limitations that requires the government to start prosecution within 12 years of the offense unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.” (So until the victim is 50 years old)
Megan’s Law Reporting for Statutory Sexual Assault
18 Pa.C.S. § 3122.1(b) (Statutory Sexual Assault) is a Tier III Lifetime reporting (when the victim is under 16 and the defendant is 11 or more years older than the victim)
18 Pa.C.S. § 3122.1(a)(2) (Statutory Sexual Assault) is a Tier II which is 25 years (when the victim is under 16 and the defendant is eight years older but less than 11 years older than the victim)
18 Pa.C.S. § 3122.1(a)(1) (Statutory Sexual Assault) is not a Megan’s Law triggering event (when the victim is under 16 and the defendant is four years older but less than eight years older than the victim)
This registration follows you all over the United States. You can’t run or hide. It is with you forever.
Sexually Violent Predator for Statutory Sexual Assault charges
Pennsylvania State Police Megan’s Law searchable database.
A SVP must for his or her lifetime, at least monthly, attend and participate in mandatory sex offender counseling with a treatment provider approved by the SOAB. A SVP will undergo active community notification. Local law enforcement authorities will notify neighbors, county Children and Youth Agencies, local day care centers, school districts and institutions of higher education of the Sexually Violent Predator’s name, residential address and offense. With the notification will be a recent photograph of the offender.
A conviction of Statutory Sexual Assault triggers the Court to order an assessment under Sexual Offender Assessment Board (SOAB) to determine if you meet the dreaded label of Sexually Violent Predator.
Following you for life…
Beyond Megan’s Law…
Misdemeanor Conviction Consequences in Pennsylvania
Felony Conviction Consequences in Pennsylvania
Other Defenses that work
Credibility
Infrequently in these types of charges is there dispositive and irrefutable DNA evidence. In such a case, it may be very difficult for the government to prove that any sexual event happened or that you folks were ever in the same room together. This is why Lawyer Up, if the police come asking about what happened it so important.
Penetration
The next most common issue in Statutory Sexual Assault cases are whether there was actual penetration. Additionally, this can be met even if the penetration is very slight or brief.
