DEFENSES TO SEX CRIMES – PENNSYLVANIA LAWS
Information on Sex Crimes and Defenses to Sex Crime Charges
Sex crimes have some of the harshest penalties of any crimes in Pennsylvania and could possibly require a Federal Crime Attorney. Being charged with a sex crime can be devastating to you, your family and your reputation.
If you are found guilty, you will face years in prison, harsh fines and you will likely be required to register as a sex offender, possibly for the rest of your life.
False charges are often filed in rape cases and it is very difficult to prove or disprove.
Many people who are guilty of a rape crime do not spend any time in jail. But many people who are not guilty DO spend time in jail and have their lives turned upside down in the process.
Having an experienced and aggressive Pennsylvania Sex Crime Attorney on your side is your best chance at protecting your freedom and your future.
If you have been accused of rape, call David J. Shrager for a free consultation – he is here to help you understand your rights and aggressively defend them.
You can text or call Attorney Shrager directly at 412-969-2540 (his personal cell phone) at anytime.
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SEX CRIMES CHARGES DOES NOT MEAN THAT YOU ARE GUILTY
OR THAT YOU WILL BE CONVICTED.
CALL OR TEXT DAVID J. SHRAGER TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540.
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COMMON DEFENSES TO SEX CRIMES
The most common defenses to sex crimes:
- Consent
- Insanity or Involuntary Intoxication
- Mistake of Age
- Police Abuse or Mistake
CONSENT
Most sex crimes hinge on this basic criminal element. If the defendant can prove that the sexual acts or intercourse were consensual, then it is unlikely they will be found guilty of any crime. The only exception to this would be Statutory Sexual Assault, where consent is irrelevant.
Laws against rape and other sex crime laws are in place to provide protection for people from being forced against their will to participate in sex acts. If the sex is consensual, the conclusion is that no harm was inflicted.
The burden of proof is on the prosecution to show a lack of consent.
Consent in sexual activity is not an effective defense if the victim was shown to be:
- Incapacitated;
- A minor at the time of the alleged crime;
- Shown to have a mental illness;
- The consent was obtained by force, duress or deception (including drugs or alcohol).
INSANITY OR INVOLUNTARY INTOXICATION
Legal insanity is defined as “state of mind where the defendant acted without knowing the nature and quality of the conduct or without knowledge that the conduct was wrong.”
If you can prove that you were legally incapable of knowing that your actions were wrong at the time of the alleged crime, this is a valid defense to a sex crime. Additionally, if you can prove that you were somehow drugged or intoxicated by some method other than your own doing, you can use the intoxication as a defense to your actions.
In both cases, your ability to distinguish right from wrong has been affected and therefore, without intent to cause harm.
These defenses are not easy to prove to a jury. Thus, an experienced sex crime attorney is an invaluable asset in forming a proper and successful defense.
MISTAKE OF AGE
For most sex crimes, mistake of age is not a proper defense. It is only available in the specific scenario that the victim is fourteen years or older. If the victim is younger than fourteen years, this defense is unavailable to the defendant.
In addition, a mistake of age is not a valid defense to any statutory sexual assault charge.
This defense would come in most useful in the reduction of sentencing as the penalties tend to get more severe the younger the victim is at the time of the crime.
POLICE ABUSE OR MISTAKEN IDENTITY
Sex crimes are a sensitive issue and taken very seriously. People, including law enforcement and prosecutors will be looking for someone to punish for the crime. This often results in a rushes to judgment or errors in processing the case.
A seasoned sex crime attorney will be able to analyze the police files, hire experts and interview all people involved in the criminal process to ensure that no errors were made and your rights were protected.
If it is found that your rights were violated, evidence was collected improperly, or the police did not interview all potential suspects, you could have a valid defense to your sex crime charges.
How a Pennsylvania Sex Crimes Attorney Can Help
Being convicted of a sex crime is a very personal and embarrassing matter for defendants and their families. On top of the worry and stress of being on the sex offender registry and being humiliated for life as a registered sex offender, there is a deep sense of a loss of control.
Many of your basic rights get stripped away as a convicted sex offender.
Attorney David Shrager believes everyone should get a second chance. He will listen to the details of your case with understanding and empathy, not judgment, reproof or apathy. His law firm will aggressively seek action to avoid prison time or pay more fines.
Attorney Shrager specializes in sex crime defense in PA and is experienced and knowledgeable in Pennsylvania laws and U.S. Federal laws surrounding sex crimes.
If you have been arrested or think you may be charged with failing to comply to sex registry requirements, call Attorney David Shrager immediately for a free consultation.
Shrager Defense Attorneys have extensive experience in successfully representing people accused of sex crimes.
It is important that if you face sex crime allegations to speak with a criminal attorney right away – call or text Attorney David J. Shrager for a free consultation.
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FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
- Learn more about our Sex Crimes Lawyers in Pennsylvania
- Read what our clients have to say
If you have been charged with, or think you may be charged with, any of the following sexual offenses, call Attorney Shrager immediately for a free consultation:
- Internet Sex Crimes Charges
- Charges for Online Solicitation of Minors for Sex
- Charged with Sexting
- Indecent Exposure Charges
- Charged with Sexual Assault / Rape
- Charged with Involuntary Deviate Sexual Intercourse
- Indecent Assault and Aggravated Indecent Assault Charges
- Date Rape / Statutory Rape Charges
- Spousal Rape / Spousal Sexual Assault / Marital Rape Charges
- Child Molestation / Solicitation and Child Sexual Assault Charges
- Child Pornography Charges
- Luring a Child into a Motor Vehicle or Structure
- Unlawful Contact with a Minor Charges
- Custodial Interference Charges & Custody Crimes
- Failure to Register as a Sex Offender