Legal Definition of Sexual Assault in Pennsylvania

by | Oct 3, 2015 | Sexual Assault

Sexual Assault is a very serious crime in Pennsylvania. Sexual Assault is graded as a felony of the second degree and punishable by up to ten years in prison. Read more about sex assault charges here A conviction for Sexual Assault also means that the Defendant will be required to abide by the terms of Megan’s Law. The stigma attached to an individual charged with a sex crime can be debilitating. People frequently assume that someone whom is charged with such a crime is guilty even before they go to trial. If you are being investigated for the crime of Sexual Assault, you should hire an experienced Sexual Assault lawyer immediately. Don’t wait for the government to charge you. Start collecting evidence for your defense as quickly as possible.

The legal definition of Sexual Assault is not complex. According to the Pennsylvania Statute, a person is guilty of Sexual Assault if:

Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.

Accordingly, under Pennsylvania Law, a person is guilty of Sexual Intercourse if he

1) engages in Sexual Intercourse or deviate sexual intercourse

2) and does so without that person’s consent.

Under Pennsylvania law, a person is considered to have engaged in sexual intercourse if he penetrates a woman’s vagina, mouth or anus with his penis. Additionally, the penetration at issue in the sexual assault only has to be “however slight” meaning it does not have to be prolonged and can be penetration that only slightly penetrates a woman’s mouth, anus or vagina.  Read about defenses to Sexual Assault here

Accordingly, the standard for a Defendant to be found guilty of Sexual Assault is not very high since a person is guilty of sexual assault if he only slightly penetrates a woman without her consent.

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