Facing charges for rape is often very isolating for defendants, which is why having an attorney to advocate for them, explain the potential consequences, and build a defense or negotiate a reduction in charges for a plea is crucial.
Tell us everything you can about the charges so that we can determine the right defense for your case, such as consent, false accusation, alibi, or lack of evidence. Rape is charged as a felony of the first degree in Pennsylvania, meaning a conviction carries up to 20 years in prison.
For a free case assessment from our sex crime defense attorneys, call Kenny, Burns & McGill today at (215) 423-5500.
Common Defenses Against Charges Under 18 Pa.C.S. § 3121
How we defend against charges for rape depends on the specific facts of your case, so give us all the details and information you have.
Consent
Tell our lawyers if the other individual involved, the alleged victim, verbally or physically consented to sexual contact, and give us any messages between you discussing the interaction. Even if you never received verbal consent, our sex crime defense attorneys may argue you had a “reasonable belief in consent” because of the other person’s conduct, which you cannot argue if the other person was incapacitated or unconscious.
False Accusation
Witness statements, correspondence, and other evidence may support the defense of a false accusation, and confirm that no sexual contact took place, or any that did was consensual.
Alibi
Tell us if you have an alibi for the rape, even if a witness has already positively identified you. False identifications happen relatively frequently in rape cases, as human memory is imperfect, especially regarding traumatic events. There are often issues with cross-racial identification and police identification processes, which our lawyers may reveal to get evidence suppressed and the charges dropped.
Lack of Physical Evidence
We can use the prosecution’s lack of any tangible, physical evidence connecting you to the rape to create reasonable doubt for jurors so they do not find you guilty. Especially if a witness cannot positively identify you, the prosecution’s lack of physical evidence is to your advantage.
FAQs About Facing Charges Under 18 Pa.C.S. § 3121
How Does Pennsylvania Define Rape?
Pennsylvania defines rape as the act of engaging in sexual intercourse with someone through force or threat of force, or while they are unconscious, incapacitated, or mentally disabled and unable to consent, and classifies it as a felony of the first degree.
How Does Pennsylvania Define Rape of a Child?
Engaging in sexual intercourse with a child who is under the age of 13 is considered rape of a child and is charged as a felony of the first degree.
What is Statutory Sexual Assault?
Pennsylvania defines statutory sexual assault as engaging in sexual intercourse with someone who is not their spouse and is under 16 while the defendant is more than four years older.
How is Statutory Sexual Assault Charged?
Statutory sexual assault is charged as a felony of the second degree when the defendant is between four and 11 years older than the complainant; it can be charged as a felony of the first degree if the defendant is more than 11 years older than the alleged victim and they are unmarried.
What if there is No Verbal Consent?
If the other person’s actions showed clear, willing engagement in sexual activity, our lawyers may argue that they physically consented, despite not verbally consenting. The alleged victim not resisting contact is not required for the prosecution to prove that no consent was given and that the defendant is guilty of rape, however.
What is the Statute of Limitations for Rape Charges?
There is no statute of limitations to file charges for rape of a minor in Pennsylvania, but prosecutors may only have 12 years to file charges for rape of an adult.
What Should You Tell Your Lawyer When Facing Charges for Rape?
You should tell our lawyers everything we need to know about the charges, even if you feel comfortable doing so. Tell us if the sexual contact was consensual and if you have any texts, social media messages, or other correspondence supporting that argument.
Can Charges for 18 Pa.C.S. § 3121 Be Dropped?
Charges for rape can be dropped when prosecutors do not have enough evidence to take the charges to trial, which often happens when alleged victims no longer want to cooperate or testify, and there is no physical evidence.
Can the Accuser Drop Charges in a Rape Case?
While the complainant can stop cooperating with the prosecution, they cannot choose to drop the charges; that is the prosecution’s decision.
Can Your Lawyer Challenge Evidence in a Rape Case?
Our lawyers can challenge the admission of DNA evidence, witness statements, and other evidence so the prosecution cannot use it against you.
What Must the Prosecution Do to Prove Rape?
To prove rape, the prosecution must prove that the sexual contact occurred and happened without the victim’s consent and through force, threats of force, or incapacitation. The prosecution must prove all these elements beyond a reasonable doubt, or the jury may not find you guilty.
What Defense Should You Use When Facing Charges for Rape?
Our lawyers can assess your case to determine which defense and path forward is most appropriate, such as negotiating a charge reduction and less serious consequences.
Will You Go on the Sex Offender Registry for a Conviction Under 18 Pa.C.S. § 3121?
Rape convictions often require lifetime registration of the sex offender registry in Pennsylvania, as do most sex crimes.
Do You Need a Lawyer if You Are Charged with a Felony for Rape?
If you do not have a lawyer to represent you when facing charges for rape, you risk accepting a very bad plea deal or being found guilty at trial and facing the maximum sentence of 20 years, even for a first offense and conviction.
Call Our Pennsylvania Defense Lawyers for Help Today
For a free case review from our sex crime defense attorneys, call Kenny, Burns & McGill today at (215) 423-5500.
