Pennsylvania Criminal Defense Attorney’s Sex Offenses Information Overview

Many states have recently amended their statutory rape laws, raising the age of consent, imposing age gap provisions, adding impregnation as a separate offense, targeting older defendants, and adding civil penalties and mandatory minimum sentences. If you are accused of statutory rape, contact a criminal defense attorney who specializes in the sex crimes as soon as possible.

Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact us to obtain the legal representation of an experienced criminal defense attorney. The penalties for a sex offense conviction can be serious and life-changing, but many defenses are available. Contacting an attorney as soon as possible allows the evidence to be evaluated and witnesses to be questioned soon after the event, providing the best opportunity for a successful defense. A criminal defense attorney has the experience and skill to begin preparing your defense as soon as you retain it.

What Is A Sex Offense?

Sex offenses include all forms of illegal sexual activity, ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the less serious crime of prostitution, usually defined as sex for hire. The most serious crimes involve the sexual assault of children or include physical injury. Other sex offenses include public indecency, voyeurism, prostitution, solicitation, pornography, date rape, lewd acts, pandering, pimping, statutory rape, and unlawful sodomy.

Generally, sexual assault includes unwanted physical contact with a sexual organ. In some states, the laws also prohibit aggressive sexually suggestive statements, without requiring physical contact. Physical contact is considered unwanted if the victim said “no,” physically objected, or was unable to give legal consent because of intoxication or incapacitation. It is frequently not necessary to show that the accuser physically resisted. Current laws are usually gender-neutral, so they protect all sexual assault victims. If you are accused of any sex offense, it is crucial that you seek the services of a defense attorney experienced in defending such crimes.

Misdemeanor or Felony?

Most sexual abuse and sexual assault crimes are felonies. Lesser offenses, such as public indecency are often misdemeanors. The decision of whether to charge a person with a misdemeanor or felony rests with the prosecutor. A criminal defense attorney, if contacted early enough during the investigation, may be able to minimize the charges that you face. Each state’s statutes provide for different crimes, definitions, punishments, and guidelines. A criminal defense attorney well versed in the laws of your state can help you evaluate your situation and prepare your defense.

Prosecution and Defenses

Many sex offense acts have no witnesses. Therefore, sex offenses are frequently prosecuted even if the evidence appears weak or the accuser lacks credibility. False charges of sexual assault are common, with motives including jealousy, revenge, attention, or cover up. To adequately defend a case involving sexual assault, information is vital. If you or a loved one has been arrested or charged with a sex offense, the most important call you can make will be to your criminal defense lawyer, so he or she can begin investigating your case and defending your rights as soon as possible. Violating sex offense laws can bring very severe penalties and change your life forever. Penalties may include fines, being required to register as a sex offender, losing rights to see your children, jail terms, or long prison sentences. An aggressive and experienced criminal defense attorney will help you obtain the best results under the particular law and facts of your case and may be able to get your charges reduced and, in some cases, dismissed.

The prosecutor must prove, beyond a reasonable doubt, that the defendant committed a sex offense. The available defenses vary greatly from crime to crime, but may include consent, insufficient evidence, innocence, and other defenses. In many cases, mitigating circumstances may reduce or negate your criminal culpability. A criminal defense attorney can ensure that the prosecutor has not ignored evidence that is in your favor. Your defense attorney will consider gathering evidence to support your defenses, possibly including a psychological evaluation, evidence showing the victim has a motive not to tell the truth or a history of not telling the truth, evidence of the victim’s mental state or tendency to fantasize or to form false memories, supporting medical evidence and opinions, and other evidence showing that you are innocent or committed only a lesser included offense. Therefore, you must contact a criminal defense attorney to begin the defensive investigation as soon as the prosecution has begun its investigation.

Conclusion

Being charged with a sex offense can lead to very serious consequences, including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused of a sex offense, you should speak to an attorney immediately to learn more about your rights, your defenses, and the legal system. If you are facing sexual offense charges, you need the aggressive defense that an experienced defense attorney will provide.

If you’ve been charged with a sex crime, selecting the right defense attorney is as important as selecting the right doctor for life-saving surgery. Pennsylvania Criminal Defense, Inc. is a law firm that concentrates heavily on criminal matters such as rape, sexual assault, molestation and other sex crimes. We represent clients before all municipal, state and federal courts in Pennsylvania (including Philadelphia, Harrisburg, Lebanon, Carlisle and Lancaster) and New Jersey.

If you’ve been charged with a sex crime in Pennsylvania or New Jersey, call Pennsylvania Criminal Defense, Inc. toll-free at (866) 535-2378. We offer a free initial consultation. Emergencies are handled 24 hours a day, 7 days a week.

Pennsylvania Criminal Defense Attorney Explains Rape, Sexual Assault, Date Rape & Statutory Rape

Unwanted sex acts are generally classified as rape. However, modern law more commonly refers to these criminal offenses as “sexual abuse” or “sexual assault.” A wide range of activities may be included under these definitions. Statutory rape, for instance, is sexual activity with a person under the legal age of consent. Date rape is a nonlegal term for forcible sexual activity between people who know one another during a social engagement. Regardless of the circumstances, however, rape is rape, and there are serious penalties for individuals found guilty of these sex crimes. Prosecutors and the police focus more attention than ever on these offenses, so if you or someone you know is accused of or arrested for any of these crimes, you need to contact an attorney immediately. Call us for experienced advice and vigorous defense.

Rape and Sexual Assault

Sexual assault is most commonly thought of as forcible rape, but that is just one type of such an assault. Sexual assault in most states includes any type of unwanted physical contact with a sexual organ and may even include aggressive, sexually suggestive statements. Sexual assault may also occur between persons of the same sex. The force used and the harm suffered may make a difference to what crime is charged, as well as to the likely penalties on conviction. Under many states’ laws the penalties for sexual assault are severe and may include incarceration, significant fines, psychiatric treatment, and paying restitution to the victim. Also, a person convicted of sexual assault may be required to register as a sex offender, possibly for the rest of his life. In most states, you can be charged with first degree sexual assault or rape if you physically forced sexual intercourse on another person, had sexual intercourse with someone who was unable to give legal consent, or forced intercourse by threats of retaliation. If the accused is charged with raping an unknown person, eyewitness identification is usually the major issue. You must not delay in hiring a skilled legal team to interview prosecution witnesses, show alternative photographic line-ups, protect you during a live line-up, and interview possible alibi witnesses.

Date Rape

Date rape is generally defined as forcible sexual contact during a voluntary social engagement in which a person does not intend to engage in sexual activities and resists the contact. The fact that the engagement was voluntary and the parties were acquainted is not a defense. The victim does not necessarily have to say reject the advance or physically object to demonstrate lack of consent. Although laws vary by state, generally, a victim intoxicated by alcohol or a “date-rape” drug is incapable of giving legal consent. Date-rape cases normally begin with the police interviewing the victim, followed by a medical examination. Many cases of this type can be successfully defended or dismissed, if you immediately hire an expert legal team to investigate and interview potentially important defense witnesses.

Statutory Rape

Statutory rape depends on the ages of the participants. Even if consent is given, the law says that people under the age of consent are illegally unable to consent; therefore, the legal effect is the same as if no consent had been given. The age of consent ranges from fourteen to eighteen, but most states use sixteen. Many states do not actually use the term “statutory rape,” simply calling the crime “rape” or “unlawful sexual penetration,” and the laws usually apply to any type of sexual contact. Some states’ laws also consider the age difference between the two people, as well as their individual ages. State laws also frequently change the age of consent or the penalty for sexual relations involving a person of authority, such as a teacher or a coach. The victim’s parents most often bring statutory rape charges, but in most states, the state can bring charges, even against the protest of both the underage person and his or her parents. The punishment for statutory rape can be severe, followed by a stigma that follows the offender for the rest of his or her life.

Conclusion

The complex laws regarding sexual assault cannot be fully described here. You should consult with an experienced criminal defense firm about the particular facts of your case if you are facing sexual assault charges.

Pennsylvania Criminal Defense Explains Nonviolent Sex Offenses

State laws regarding nonviolent sex offenses vary greatly. Typically, state statutes address prostitution, pandering, solicitation, indecent exposure, and illegal possession of pornography. Experienced criminal defense firms handle all types of nonviolent sex offense cases. The penalties for nonviolent sex offenses, although generally less severe than for violent sex offenses, can still range from fines and community service to felony charges and incarceration. If you have been arrested for a nonviolent sex offense, protect your rights by contacting a criminal defense firm regarding your defense.

Prostitution, Pandering, Solicitation

Prostitution, solicitation, pandering and pimping may be considered either felonies or misdemeanors in most states. Prostitution is defined as a person receiving payment for sexual intercourse or other sexual act. Pimping is defined as soliciting acts of prostitution or pandering on behalf of another. Although frequently a misdemeanor, it is typically a crime to hire a prostitute to perform sexual acts for payment.

A prostitution charge may be the result of an team effort of vice officers setting up female decoys to attract males and get them to agree to sex acts for a price in a prostitution sting operation. Many men caught in this situation have no prior record, want to keep the matter secret, and do not want to go to trial to avoid potentially adverse effects on their marriage, family and employment. If you have been caught in a prostitution sting operation, you must obtain a lawyer to evaluate your interaction with undercover officers to determine if an entrapment defense might be successful for you or if you should plead to a lesser charge.

Indecent Exposure and Lewd Acts

Lewd acts, lascivious conduct and indecent exposure may be charged as a misdemeanor in most states. These crimes may also involve pornography, engaging in sexual acts in a public place, or exposing the genitals in a public place.

Indecent exposure is a more serious offense than prostitution and can potentially be charged as a felony, which may require long-term registration as a sex offender or psychological treatment in some states. In these cases, a defense attorney, if contacted promptly, may interview all prosecution witnesses and other witnesses that may help in your defense. If your case cannot be defended, your lawyer might be able to arrange for psychological treatment instead of jail time.

Conclusion

Even nonviolent sex offenses carry the possibility of serious penalties and life-changing requirements, such as psychological treatment or registration requirements. If you are facing any of these sex crimes, you need the assistance of an experienced criminal defense attorney who is compassionate about your situation and will work hard to achieve the best results for you, whether that is a dismissal, an acquittal, a plea bargain, or alternative sentencing.

Pennsylvania Criminal Defense Explains Sex Offender Registry

Every crime carries a stigma that is difficult to erase, but registration requirements make the sex offender stigma more tenacious than most. The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, a federal act, requires released sex offenders to register with law enforcement and further requires offenders convicted of crimes against children to verify their address to law enforcement annually. Offenders deemed to be sexually violent predators must verify their addresses more frequently. States that do not meet the requirements of the Act are subject to reduced federal funding. As a result, all states require some type of registration and most maintain a central registry of resident sex offenders. In most states, sex offenders are required to register their addresses, along with other identifying information, with their resident state’s law enforcement agency. Most registration statutes also require offenders to re-register each time they change their residencies and may require verification of the offender’s address. If you are concerned about your status under these rules, contact an experienced attorney from our firm for help and advice.

Will I Be Required To Register?

A sex offender needs to register only if he has been convicted of certain sex offenses, which vary from state to state. More serious offenders, such as sexual predators, may be required to register for life. Generally, the term “sexual predator” refers to a sex offender who is either a repeat offender, a violent offender, or an offender who victimizes children.

Can the Public Access the Registry?

Requiring sex offenders to register is not new in many states, but public access to the databases is a fairly recent development. Megan’s Law, a federal act that required the Department of Justice to maintain a database of sex offenders and the states to enact public notification laws or lose federal crime-fighting funds, opened up the information to the public in most states.

Implementation of each state’s Megan’s Law varies significantly. Typically, the public may browse the contents of the state registry on the Internet or at the sheriff’s offices and police departments across the state. In some states, an active notification procedure is mandated, whereby residents and businesses within a certain geographic area around a sex offender’s residence are notified when the offender moves into the neighborhood. Some states offer name lookups, some offer community searches where a list of offenders in a given area is provided, and some provide both. Most states also categorize sex offenders as either offenders or sexual predators. The length of time that an offender remains on the registry varies greatly from state to state.

If you must register as a sex offender, in most states your neighbors will have access to personal information about you and your location. Most people will assume the worst about your past, even though registration can include those who violated a lesser sex offense. An experienced criminal defense firm understands the personal impact of being labeled a sex offender and will use its experience to provide you with the best possible defense to help you try to avoid having to register as a sex offender.

Conclusion

Although sex offender registries exist for a good reason, they can be devastating to a sex offender. In the drive for safety, some sex offenders such as teenagers convicted of statutory rape or gay people convicted of sodomy, have occasionally been labeled sexual offenders and pulled into the registration system. If you are facing sexual assault charges, you need an experienced and aggressive defense firm to provide a successful defense in order to avoid the sex-offender label.

False Allegations

False allegations are fairly common, especially in child sex abuse situations. If a child makes the allegations, an older person with a motive may have influenced him or her or the child may have based his accusation on an overactive imagination. Public awareness of child abuse has increased, and more reports of possible abuse are being made, but not all reports are substantiated. Also, even good-faith accusations may not be true, and false allegations may be made to harm the accused. If you find yourself the victim of false allegations, whether well meaning or not, a criminal defense firm can help you take immediate action to defend yourself.

What To Do Legally?

If you are innocent of claims brought against you, it is tempting to assume that the justice system will work and that truth will prevail. However, you must not passively sit back and wait if false accusations are raised. Even if you know that you are innocent, trust that the truth will win, or believe that the accuser will change his or her mind, you must immediately consult with an attorney who can safeguard your interests and may even be able to avoid a charge being brought against you.

Upon contacting your attorney, apprise him or her of all relevant facts, voice your questions and concerns, and keep him or her up to date of all developments after your meeting. Your attorney may ask you to get in touch with friends, neighbors, co-workers, family members, and other individuals who may be willing to testify on your behalf. Also, no matter what promises the prosecution or the other party may make, do not admit to anything you did not do. In many cases, admitting to a lesser charge may seem easier than defending yourself, but a sex offense conviction has many long-lasting and far-reaching implications that can affect your future employment, friendships, and family relationships. If you are falsely accused of a sex offense, you cannot risk delaying your defense; a criminal defense attorney can put you in the best position to avoid or defend against a false charge.

What Else Should I Do?

If the false accusation involves a custody dispute, maintain a positive relationship with your children. They may not even understand the words that they were prompted or encouraged to say to implicate you, and they are not likely to be ultimately responsible for the false allegations. If the accusations involve children other than your own, remove yourself from situations that could be wrongly interpreted or that are ripe for abuse, such as helping children dress or having them sleep in your bed. If such situations are unavoidable, have another adult present at all times that you are around children.

Even if you know the accusations are false, take them seriously and obtain legal help, but try to continue your normal life. It may be helpful to remind yourself that societal interests require that all child sexual abuse accusations be investigated. Keep a positive attitude toward the situation, and be cooperative with authorities, but firm in your position. With the strong legal support of an experienced criminal defense firm and truth on your side, you will be in the best possible position to overcome the false allegations.

Conclusion

Other than serious violent crimes, child molestation carries the greatest risk for state prison sentences, even for first-time offenders, and, in many states, registration as a sex offender for life. Unfortunately, child molestation also carries a great risk of false accusations, whether programmed by an adult or simply arising out of the child’s fantasy world. Engaging an expert defense team is as important in false allegations of child molestation or other sex offenses as it is if you actually committed a rape crime.

Pennsylvania Criminal Defense Attorney’s Frequently Asked Sex Offenses Questions

Q: How are sex offenses punished?

A: Punishment for a sex offense can vary dramatically depending on the category of crime. A misdemeanor sex crime conviction (such as indecent exposure) might receive less than a year of jail time, a fine, community service, counseling, or even probation. A felony, on the other hand, might be punished by a long prison term (up to a life sentence). Released sex felons must register as sex offenders. Multiple convictions typically lead to increasingly greater punishments.

Q: Is consent a defense?

A: Consent, if it can be proved, is a defense to many sex crimes. However, some people are not considered able to consent to sex under the law. For those individuals, even if they explicitly agree, their agreement is not legally valid. For example, minors, the mentally disabled, and unconscious or intoxicated people (even if they willingly became intoxicated) typically cannot provide valid consent. Statutory rape or date rape charges may result.

Q: What is entrapment?

A: Police operations often try to capture sex offenders by posing as prostitutes, underage individuals, or other parties in an attempt to catch them while committing (or preparing to commit) a sex crime. Some sex offense defendants argue that police actions, such as the offer of sexual services, are entrapment. Entrapment means that the police induced the defendant to commit a crime he or she did not intend to commit before it was suggested by the police. However, entrapment is not a valid defense if the defendant intended to commit the crime and the police simply provided a means to do so. In prostitution cases, for instance, the offer of sexual services by a police officer is almost never held to be entrapment because the defendant is generally found to have been intending to purchase sexual services prior to interacting with the decoy officer. The elements of an entrapment defense are complicated and very sensitive to the facts of your situation. Contact an attorney immediately if you believe you were entrapped.

Q: Is it statutory rape if someone lies about his or her age?

A: A mistake about age is not a defense to statutory rape charges, even if the underage person lied and gave consent. It is a “strict liability” offense, which makes the perpetrator responsible regardless of the surrounding circumstances.

Q: What is the difference between rape and sexual assault?

A: Many state laws no longer use the term “rape,” replacing it with sexual abuse or sexual assault to describe prohibited acts. Traditional rape is covered by these statutes and may be designated sexual abuse in the first degree. However, most sexual assault statutes cover more types of sexual acts and apply to victims of either sex. Also, husbands can generally be charged with sexual assault of their wives, and lesser offenses, such as unwanted touching, may be included.

Q: What is probable cause?

A: “Probable cause” is a term that refers to the belief that a person has commited a crime by legal standards. A finding of probably cause can lead to an arrest or conviction. There is not a bright-line rule establishing precisely what is probable cause. However, a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A hunch or an unfounded complaint alone do not satisfy the requirement.

Q: Who must register as a sex offender?

A: Generally, any adult or juvenile who has been convicted of certain sex offenses, which vary from state to state, who is on active supervision for a sex offense, or who has been committed as a sexually violent predator must register with the state law enforcement agency as a sex offender. The duration of the offender’s duty to register varies, based on the original offense and the risk of re-offense. In some states, sexual predators or sexually violent offenders must register for life.

Q: Will the community always be notified of the presence of a sex offender?

A: States have different laws on community notification of a sex offender’s presence. Typically, the public may browse the state registry on the Internet or at law enforcement offices. In some jurisdictions, notification may be more active, and police may contact individuals and businesses in a neighborhood to alert them.

Q: What are the defenses to a sex offense?

A: Generally, the defenses to a sex offense include insufficient or tainted evidence, factual innocence, mistaken identity, and, in some cases, consent.

Q: Do I need to hire an attorney?

A: Anyone facing sex offense charges should hire a lawyer. You have the right to an attorney’s assistance, and an attorney will help protect your rights and may be able to avoid charges or convince the prosecutor to bring lesser charges if hired early enough. A sex offense conviction may result in incarceration, fines, loss of job or family, and registration requirements. An attorney is best able to analyze all available options to put you in the best position to defend yourself and avoid these ramifications.