Philadelphia Statutory Sexual Assault Lawyers

Statutory sexual assault charges in Pennsylvania can be brought up against someone who has sex with a minor. A minor, when it comes to this law, is a person who is under the age of 16. It would be categorized as statutory sexual assault even if both parties said that the sex was consensual in nature. These types of laws are made with the idea in mind that a minor does not have the ability to reasonably give consent to sex. Still, there are exceptions to this law in this State, but the regulation itself is very grounded.

For example, an offender has to be at least four years older than the person they had sex with in order for it to be labeled as statutory sexual assault in Pennsylvania; the minor would be anywhere between the ages of 13 and 15. Those who are dating as teenagers would benefit from what are called “Romeo and Juliet” laws. That is what these age exceptions are nicknamed, in that consensual sex between people of high school ages is not against the law. So, if a young lady is 14-years-old, for example, and her boyfriend is a senior who is 17, they would be protected under these laws, as long as the sex was consensual.

Sometimes, a defendant will say that they did not know how old a young lady was, but that cannot be used in Pennsylvania in court as a defense. There is only what is called “marital exception” to these laws in this State. These exceptions would apply even if, in the event the two sexual partners were not married, their ages would prohibit them from sleeping together. If a young lady was, say, 16- years-old, and her husband is 21, that age would exceed the four year limit. But, the fact that they are legally married overrides the law, and neither partner has anything to worry about.

If they are not married, though, the statutory assault charges in Pennsylvaniawould stand, and the penalties would be extensive. The charge itself would be labeled a second degree felony, and the offender could receive up to a decade in prison; fines would be up to $25,000. If a person feels that they are wrongly accused of statutory assault, then their best option would be to attain the services of an criminal defense lawyer who has dealt with these types of case before.