Statutory rape is known as statutory sexual assault in Pennsylvania. A person charged with sex crimes in West Chester, Pennsylvania, faces severe criminal penalties. If you are charged with statutory rape, you need an experienced West Chester criminal defense lawyer to represent you.
With over a decade of experience in criminal law, Attorney Mike DiCindio has extensive knowledge of Pennsylvania criminal law and the criminal justice system. His experience extends to the most complicated, high-profile criminal cases that received national news coverage. Before opening his criminal law firm, Attorney Mike DiCindio served as Assistant District Attorney in Chester County.
Call DiCindio Law, LLC today at (610) 430-3535 or contact us online, to schedule a free consultation with our West Chester statutory sexual assault lawyer.
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How DiCindio Law, LLC Can Help if You Were Charged With Statutory Sexual Assault in West Chester
Sexual assault and statutory rape charges are not a conviction. The prosecutor must prove all legal elements beyond a reasonable doubt, which leaves you significant room to fight back.
However, that does not mean you do not need to present an aggressive defense. Our judicial system is not perfect. As a result, you could be unjustly convicted of statutory rape without a strong defense and without help from an experienced attorney.
Since opening DiCindio Law, LLC in 2014, our trusted West Chester sex crimes lawyer has represented hundreds of clients charged with criminal offenses. He has been named a Super Lawyers Rising Star and a Super Lawyer in Pennsylvania. Philadelphia/Suburban Life Magazine named him a “Top Attorney.”
When you hire our West Chester criminal defense lawyer, we will:
- Explain Pennsylvania statutory rape laws and your legal options for a defense
- Investigate the charges against you, including conducting an independent investigation and analyzing the evidence the prosecution has against you
- Explore various legal defenses and strategies to give you the best chance of a successful outcome
- Discuss whether a plea deal or going to trial is the best option, given the facts of your case
- Aggressively negotiate favorable plea bargains
- Fiercely represent your legal rights and diligently advocate for you in court
Being charged with statutory rape is frightening. However, you do not need to face the criminal justice system alone.
Call our criminal defense law firm today to schedule a free case evaluation with our experienced statutory rape attorney in West Chester, PA.
What Is the Age of Consent in West Chester, PA?
The age of consent is when a minor is judged capable of consenting to sexual activity. In Pennsylvania, the age of consent for sexual conduct is 16 years old. If a person is under 16 years old, they cannot legally consent to having sex with someone.
How Does Pennsylvania Criminal Law Define Statutory Rape?
Pennsylvania repealed its statutory rape law and replaced it with a statutory sexual assault offense. The offense is defined in Pennsylvania Statutes Title 18 Chapter 31 (Sexual Offenses) §3122.1.
Statutory sexual assault (statutory rape) is not the same thing as standard rape charges in Pennsylvania. You can be charged with statutory rape even though the sexual conduct was consensual. Statutory rape is based on the alleged victim’s age instead of consent.
Therefore, if you have sex with a person who is younger than 16 years old and you are 18 years old or older, you can be charged with statutory rape (statutory sexual assault). Proving intent or assault is not required for an adult to be charged with statutory rape for having sex with someone under 16 years old.
There is an exception for parties who are legally married. The state also has a Romeo and Juliet law that decriminalizes sexual activity between some parties.
Pennsylvania’s Romeo and Juliet Laws
Romeo and Juliet laws protect an individual from statutory rape charges if the minor is at least 13 years old and the individual is less than four years older than the minor. Therefore, if an 18-year-old has sex with a 13-year-old, the 18-year-old could be charged with statutory rape. However, if the 18-year-old were 16 years old instead, they might not be charged with statutory rape.
It is important to note that there is no exception to rape charges when the minor is less than 13 years old. Having sex with a minor under 13 years old could result in rape charges.
What Are the Penalties for Statutory Rape in West Chester, PA?
Statutory sexual assault can be charged as a felony of the first or second degree, depending on the ages of the parties.
You can be charged with first-degree felony statutory rape if:
- You engage in sexual intercourse with a minor under the age of 16 years old, and you are 11 years or older than the minor, and you are not married to the minor.
You can be charged with second-degree felony statutory rape if:
- You engage in sexual intercourse with a minor you are not married to who is under 16 years old, and you are four years older but less than eight years older than the minor, OR you are eight years older but less than 11 years older than the minor.
The penalty for a conviction for first-degree felony statutory sexual assault is up to 20 years in prison and a maximum fine of $25,000. The penalty for a conviction for second-degree felony statutory sexual assault is up to 10 years in prison and a maximum fine of $25,000. You must also register as a sex offender for a statutory rape conviction.
Schedule a Free Consultation With Our West Chester Statutory Sexual Assault Lawyer
A statutory sexual assault charge is a serious criminal offense. In addition to the criminal punishments, a conviction carries numerous collateral consequences. Call DiCindio Law, LLC today at (610) 430-3535 or contact us online to schedule a free consultation with our experienced West Chester statutory sexual assault attorney.