Rape is one of the most serious sex crime charge in PA. Being a convicted rapist might be the worst type of criminal conviction that you could carry with you for the rest of your life. It is a deadly serious criminal charge 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.
Following you for life
Misdemeanor Conviction Consequences in Pennsylvania
Felony Conviction Consequences in Pennsylvania
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.
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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.
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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
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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.
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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.
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The Law
You can read the actual law on the books when it comes to Rape here: 18 Pa.C.S. § 3121 (Rape).
The government has to prove the following beyond a reasonable doubt:
- The accused
- engaged in sexual intercourse with the victim
- In one of the following ways:
By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
- Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
- Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
- Who suffers from a mental disability which renders the complainant incapable of consent.
When selecting which attorney to hire, please consider:
- Can you call anytime and talk to a live person?
- Do they offer payment plans with no credit checks?
- Will your attorney be attentive and explain what’s going on?
At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.
Maximum Penalty
All convictions for Rape are a Felony of the First Degree.
So this is where it can get a little complicated and choosing the right attorney can make all the difference. As far as the written law goes, if you are convicted or plead guilty to this crime, the maximum penalty changes based upon the age of the alleged victim.
If you have a qualifying prior, you could be subject to Pennsylvania’s Three Strikes Law.
(b) Additional penalties.–In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years’ confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.
(c) Rape of a child.–A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.
(d) Rape of a child with serious bodily injury.–A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.
(e) Sentences.–Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:
(1) Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.
(2) Subsection (d) shall be sentenced up to a maximum term of life imprisonment.
But there is significant litigation going on in this area concerning the increase of penalty based upon age when the age of the alleged victim is not an element of the offense. Therefore, you need an attorney who knows this. It can save you a lot of time. Literally.
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.
Defenses that Work
What is The McShane Difference?
- We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
- We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
- We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.
Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.
Statute of Limitations for Rape in PA
within 12 years of the offense date 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)
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.
Consent
Unless the victim is under the age of consent in PA, consent is a defense.
For the government to prevail, the jury must find the witness’s story credible or consistent. It is all dependent on how the sides frame that story in court. How this determination comes out is highly dependent on the facts. But this isn’t the Maury Povich Show. It isn’t a referendum. The government must prove its case beyond a reasonable doubt. The accused has to prove nothing.
As far as consent is concerned, this is a factual issue for the jury to decide. It all depends on what actually happened. Frequently, two people experience things very differently. One important thing to note is that while unimpaired adults can consent, (but do not always do so) children and intoxicated adults cannot. They do not have the full mental understanding of the events that are happening, so they cannot decide whether they consent. For similar reasons, those with developmental disabilities also cannot consent.
Penetration
The crime requires sexual intercourse. If there is no penetration, there cannot be sexual intercourse. So the next most common issue in Rape cases are whether there was actual penetration. Additionally, this can be met even if the penetration is very slight or brief.
Megan’s Law Reporting for Rape in PA
Also, if convicted, it is a Tier III Sexual Offense under Pennsylvania’s Megan’s Law (SORNA). As such, if you are convicted for offenses alleged to have occurred on or after December 20, 2012, it is a
LIFETIME
Megan’s Law registration required. This lifetime registration follows you all over the United States. You can’t run or hide. It is with you forever.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
Sexually Violent Predator for Rape in PA
A conviction of Rape 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.
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.
