Institutional Sexual Assault is a criminal charge in PA. It covers and entire class of people and focuses on their relationships with others. In other settings, the sexual contact might not even be a crime, but because of where you work and who you work for suddenly it is. 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
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Agg Indecent Assault dismissed
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The Law
You can read the entire law as it exists on the law books here: 18 P.S. § 3124.2. Institutional sexual assault.
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.
Who you are matters…
This law is meant to criminalize relationships (even if there is no force or blackmail or any untoward conduct) simply based upon who you are, who employs you and who the person you are or were involved with.
Examples include employees of:
- Pennsylvania Department of Corrections,
- Correction Officers in county facilities,
- youth development center,
- youth forestry camp,
- State or county juvenile detention facility,
- other licensed residential facility serving children and youth,
- mental health or mental retardation facility or institution,
- a school or any other person who has direct contact with a student at a school (including a teacher, a supervisor, a supervising principal, a principal, an assistant principal, a vice principal, a director of vocational education, a dental hygienist, a visiting teacher, a home and school visitor, a school counselor, a child nutrition program specialist, a school librarian, a school secretary the selection of whom is on the basis of merit as determined by eligibility lists, a school nurse, a substitute teacher, a janitor, a cafeteria worker, a bus driver, a teacher aide)
- independent contractors of a school (including a coach, an athletic trainer, a coach hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association or an athletic trainer hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association),
- a center for children (meaning a day-care center, group and family day-care home, boarding home for children, a center providing early intervention and drug and alcohol services for children or other facility which provides child-care services which are subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with the department or a county social services agency), and
- an agency employing a peace officer or a peace officer
Other folks covered include volunteers at:
- a school, and
- a center for children
This crime does not criminalize conduct by:
- A student employed at the school.
- An independent contractor or any employee of an independent contractor who has no direct contact with school students.
But other criminal charges may apply depending on the circumstances.
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.
Is consent a defense for Institutional Sexual Assault?
Unlike most other sex crimes and offenses, consent is never a defense in these cases. For reasons beyond our ability to argue in court simply because of who you are and who they are, the government has determined that consent is irrelevant and is not a defense.
Is Mistake of Age a Defense?
Mistake of age is no defense. This is important in the context of teachers in particular. Just because a student is over 18, but because you are a teacher, there cannot be consent.
Even if a full grown inmate of sound mind begs and pleads to have sexual contact with a corrections officer, it is illegal.
In both those contexts, even if the person with whom you had the sexual contact with came into court and said it was 100% consensual, under the eyes of the law, it is illegal. Juries are free to consider it like anything and look to acquit based upon the theory of jury nullification. Jury nullification is when the jury returns a not guilty verdict against the technical aspects of the law. In other words, they turn a blind eye.
Proof required
As with all criminal charges, it is the government’s burden at all times to prove guilt. Just being accused or charged is not enough.
Institutional Sexual Assault-General
To gain a conviction of Institutional Sexual Assault-General, the government must prove beyond a reasonable doubt the following:
1. the accused,
2. is employed or is an agent of
- the Department of Corrections or a county correctional authority,
- a youth development center,
- youth forestry camp,
- State or county juvenile detention facility, other licensed residential facility serving children and youth, or
- mental health or mental retardation facility or institution
3. while being so employed engaged in either
- sexual intercourse,
- deviate sexual intercourse or
- indecent contact
4. with an inmate, detainee, another person who is being supervised by the accused while under probation or parole supervision, patient or resident
Note: The relationship doesn’t have to be at the facility in question or during working hours. The legal prohibition against sexual intercourse, deviate sexual intercourse or indecent contact can occur even “after-hours” or “off the job”.
Institutional Sexual Assault of a Minor
To gain a conviction of Institutional Sexual Assault of a Minor, the government must prove beyond a reasonable doubt the following:
1. the accused,
2. is employed or is an agent of
- the Department of Corrections or a county correctional authority,
- a youth development center,
- youth forestry camp,
- State or county juvenile detention facility, other licensed residential facility serving children and youth, or
- mental health or mental retardation facility or institution
3. while being so employed engaged in either
- sexual intercourse,
- deviate sexual intercourse or
- indecent contact
4. with an inmate, detainee, another person who is being supervised by the accused while under probation or parole supervision, patient or resident
5. this other person is under 18 years old.
Note: The relationship doesn’t have to be at the facility in question or during working hours. The legal prohibition against sexual intercourse, deviate sexual intercourse or indecent contact can occur even “after-hours” or “off the job”.
Institutional Sexual Assault-Schools
To gain a conviction of Institutional Sexual Assault-Schools, the government must prove beyond a reasonable doubt the following:
1. the accused,
2. is employed or is an volunteer of a school or any other person who has direct contact with a student at a school
3. and you engaged in either
- sexual intercourse,
- deviate sexual intercourse or
- indecent contact
Note: The relationship doesn’t have to be at the facility in question or during working hours. The legal prohibition against sexual intercourse, deviate sexual intercourse or indecent contact can occur even “after-hours” or “off the job”.
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.
Institutional Sexual Assault-Child Care
To gain a conviction of Institutional Sexual Assaults-Child Care, the government must prove beyond a reasonable doubt the following:
1. the accused,
2. is employed or is an volunteer of a center for children,
3. and you engaged in either
- sexual intercourse,
- deviate sexual intercourse or
- indecent contact
Note: The relationship doesn’t have to be at the facility in question or during working hours. The legal prohibition against sexual intercourse, deviate sexual intercourse or indecent contact can occur even “after-hours” or “off the job”.
Institutional Sexual Assault-Peace Officers
To gain a conviction of Institutional Sexual Assaults-Peace Officers, the government must prove beyond a reasonable doubt the following:
1. the accused,
2. is a peace officer or an employee of an agency employing a peace officer in his official capacity,
3. and you engaged in either
- sexual intercourse,
- deviate sexual intercourse or
- indecent contact
4. while the covered sexual contact occurred the other person is under official detention or in the custody of the person or is a confidential informant of the person
What is deviate sexual intercourse?
The Deviate Sexual Intercourse definition is found in § 3101. It means sexual intercourse performed with a person’s mouth or anus, or any sexual intercourse with an animal. The term also encompasses any penetration of a person’s genitals or anus with a foreign (non-human) object that is not done for lawful medical or law enforcement purposes.
What is indecent contact?
The definition for indecent contact is found in § 3101. It means “any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.”
Maximum Penalty
Institutional Sexual Assault is a Felony of the Third Degree. Felony three’s in PA have a total possible maximum term of prison not more than seven years and a max $15,000.00 fine.
Defenses that Work
Statute of Limitations for Institutional Sexual Assault in PA
A statute of limitations for Institutional Sexual Assault in Pennsylvania is two years. This means that the government has to start a criminal prosecution within two years of when the event allegedly occurred.
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 crime requires sexual intercourse or deviate sexual intercourse or indecent contact. If there is no penetration, there cannot be sexual intercourse or deviate sexual intercourse. So the next most common issue in Institutional Sexual Assault cases are whether there was actual penetration. Additionally, this can be met even if the penetration is very slight or brief. That leaves a very hard to prove indecent conduct possibility.
Megan’s Law Reporting for Institutional Sexual Assault in PA
All forms of conviction for Institutional Sexual Assault carries with it the possibility of being designated as a SVP.
Sexually Violent Predator for Institutional Sexual Assault in PA
A conviction of ISA 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.
Megan’s Law (SORNA) Registration
Pennsylvania State Police Megan’s Law searchable database.
- Institutional Sexual Assault-General is a PA Tier I SORNA event. This is 15 year registration event.
- Both Institutional Sexual Assault-Schools and Institutional Sexual Assault-Child Care are a PA Tier II SORNA events. These are 25 year registrations.
- Institutional Sexual Assault of a Minor is a PA Tier III SORNA event. This is a lifetime registration event.
This reporting and registration requirement follows you all over the US. You can’t run or hide. It is with you.
