Harrisburg Sex Crimes Attorney
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Sex crimes carry severe penalties, ranging from hefty fines to significant jail time. Having an experienced sex crimes defense attorney can help you fight a wrongful accusation or argue for less severe penalties. EKHP Law, LLC can craft a strong and compelling defense for your sex crimes charge, and you can expect the firm to fight aggressively for you in and out of court. For effective and fearless representation, enlist the help of EKHP Law, LLC in your Harrisburg sex crimes case.
State and Federal Sex Crimes
Sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive, such as sexual groping or attempted rape. Pennsylvania law defines sexual assault as someone engaging in sexual intercourse or deviate sexual intercourse with another person without their consent. Additionally, you might be charged with statutory sexual assault if the alleged victim was under 16 years old, and you are more than 4 years older than the victim, and you were not married to each other at the time of the offense.
Pennsylvania also classifies a separate instance of sexual assault, called indecent assault. Indecent assault involves indecent contact with the victim, and the following situations constitute instances of indecent assault:
- You engage in indecent sexual conduct with the alleged victim without their consent
- You engage in indecent sexual conduct by forcible compulsion
- The victim is unconscious or you know that they are unaware the indecent contact is occurring
- You have substantially impaired the victim’s power to appraise or control their conduct by administering drugs or intoxicants to prevent resistance without their knowledge
- The victim suffers from a mental disability that renders them incapable of consent
- The victim is less than 13 years of age
Note that indecent assault includes a victim's contact with the defendant's seminal fluid, urine, or feces for the purpose of arousing sexual desire in either party.
Some examples of federal and state sexual assault include:
- Fondling, kissing, or making unwanted bodily contact
- Forcing another person to perform or receive oral sex
- Forcing a tongue, mouth, finger, penis, or object on another person's anus, penis, or vagina
- Forced masturbation
Sentencing and Penalties
Sexual assault is considered a second-degree felony in Pennsylvania punishable by up to 10 years in prison. The court may also impose fines, depending on the nature of the crime and its severity. If a defendant pleas insanity, the judge may also require counseling or psychiatric treatment. A rape conviction carries harsher penalties of up to $25,000 in fines and up to 20 years in prison, or both.
If you are charged with indecent assault, the charge will be either a first- or second-degree misdemeanor punishable by up to 5 years in prison. However, if it is your second or repeat offense, or if the assault was committed by inappropriately touching the victim's sexual parts with yours, you can be charged with a third-degree felony punishable by up to 7 years in prison.
Note that after you are convicted of rape, sexual assault, or other sex-related crimes, you will be required to register as a sex offender, which will stay on your record for life.
Defending Against Sex Crime Charges
The burden of proof in sex crime cases is on the prosecution to prove beyond a reasonable doubt that you are guilty. Some common defense tactics you and your attorney could argue in court include:
- Mistaken Identity
- Age (in the case of statutory rape)
- Involuntary intoxication (when the accused is drugged without knowledge or consent)
Note that while "marital exemption" used to be a viable defense, the law no longer distinguishes between married and unmarried individuals in sexual assault cases. Anyone, regardless of their marital status, can sue for rape or sexual assault if they did not consent to such behavior.
Find a Harrisburg Sex Crimes Attorney Today
The consequences of sex crimes, at a state and federal level, are serious. If you have been accused of committing a sex crime, it is critical that you find an attorney to represent your case immediately. EKHP Law, LLC takes an aggressive and serious approach to every case brought to them, and you can be sure you will be working with a professional and capable attorney at the firm.
“Her work was impeccable and impressive. She went above and beyond what we expected.”- Former Client
“Thanks to Elisabeth, I was able to come home and continue to be a rock for my family.”- Former Client
“She helped me get a chance to start my life over with a clean slate, and for that I am grateful and forever in her debt.”- Former Client
Vigilance & Determination
Attorney Pasqualini is fiercely passionate and will always exercise her due diligence when fighting for clients.
Honor & Respect
We are all accountable and equal under the rule of law and Attorney Pasqualini will always conduct herself with integrity and honesty.
Attorney Pasqualini is very attentive and conscientious of her clients' time and needs.
Strong Litigation Experience
Attorney Pasqualini will always stand up and fight assertively for her clients in the courtroom.