Sexual assault is catch-all type of criminal sexual 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.
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
Here’s the actual law so you can read it yourself: 18 Pa. Cons. Stat. § 3124.1 Sexual assault
In order to convict, the government must prove beyond a reasonable doubt that:
- the accused
- engaged in sexual intercourse (penetration however slight) or
- engaged in Deviate Sexual Intercourse and
- it was without the consent of the victim
It is a lot easier for the government to prove this offense than the crimes that require force such Rape, IDSI and Aggravated Indecent Assault. Therefore, it is a favorite way for prosecutors to charge someone in the alternative. This is what we call a drop-count.
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.
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.
Maximum Penalties
Sexual Assault is a Felony of the Second Degree in Pennsylvania. Like all F2s in PA, it carries with it a maximum term of imprisonment of not more than 10 years and a max fine not to exceed $25,000.
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.
Megan’s Law Reporting for Sexual Assault
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.
Sexually Violent Predator for Sexual Assault
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 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.
Pennsylvania State Police Megan’s Law searchable database.
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.
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.
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.
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.
Statute of Limitations for Sexual Assault
In short, until the victim turns 50 years old. The statute of limitations for Involuntary Deviate Sexual Intercourse is 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.”
Penetration
The next most common issue in Sexual Assault cases are whether there was actual penetration. Additionally, this can be met even if the penetration is very slight or brief.
