MARITAL RAPE CHARGES IN PENNSYLVANIA
Information on Spousal Sexual Assault Charges
Many years ago, most states had an English common law approach to marital rape and sexual assault cases. That is to say, it was not considered rape or sexual assault if the sexual act occurred between spouses. Pennsylvania was one of them.
Over time, attitudes began to change and Pennsylvania adopted a separate offense of spousal rape. That separate charge was a lesser offense than a standard rape charge. Today, rape is rape and sexual assault is sexual assault, regardless of whether the parties are married or strangers.
The accuser only has to prove a single nonconsensual act took place. If a spouse does not consent to sex, but is forced into engaging in same, it constitutes rape – or sexual assault, depending on the circumstances of the crime.
Many spousal cases are contentious and occur between feuding spouses. If you have been accused of marital rape or sexual assault, it is extremely important that you seek immediate representation from a criminal defense attorney.
A rape conviction can mean spending up to 25 years in prison and fines of up to $25,000.
Your freedom, your reputation, and even your basic rights are in jeopardy when it comes to marital rape or spousal sexual assault allegations.
Pennsylvania has very tough sentencing and penalties for people who are found guilty of rape.
A rape conviction means you will be added to the national sex offender registry. The national sex offender registry is publicly available for all to see and failure to register is a felony and can result in more prison time and large fines. It can also dictate where you are able to live and work.
Many times false charges are filed in rape cases and it is very difficult to prove or disprove. It is crucial to have an experienced and aggressive Pennsylvania Sex Crime Attorney on your side.
If you have been accused of marital rape or spousal sexual assault, 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 CRIME CHARGES DO NOT MEAN
THAT YOU ARE GUILTY OR THAT YOU WILL BE CONVICTED.
FIGHT FOR YOUR RIGHTS
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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RAPE DEFINITION AND PUNISHMENT IN PENNSYLVANIA
The law in Pennsylvania no longer distinguishes rape victims between married and unmarried persons. Therefore, the charge for marital rape would be the same, regardless of whether the act was with a spouse or not.
Any person forced to have sexual intercourse against their will is a victim of rape.
Sexual intercourse can include vaginal, anal and oral sex as well as penetration by objects. A person commits rape as a first degree felony when the person engages in sexual intercourse with the complainant:
- By force;
- By threat of force that would prevent resistance by the accuser;
- Who is unconscious or unaware that sexual intercourse is occurring;
- Who has been administered drugs, intoxicants, or other means for the purpose of preventing resistance, without their knowledge, substantially impairing their power to control their conduct;
- Who suffers from a mental disability and is incapable of consent
Rape is considered a first degree felony, punishable by up to 25 years in prison and fines of up to $25,000.
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CALL OR TEXT PA SEX CRIME ATTORNEY SHRAGER FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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SEXUAL ASSAULT DEFINITION AND PUNISHMENT IN PENNSYLVANIA
As with rape, a sexual assault does not distinguish between married and unmarried persons. Any person who forces another to engage in a sexual act can be found guilty of sexual assault – regardless of whether the victim is a spouse or a stranger.
Sexual Assault occurs when a person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent. It covers any sexual intercourse or deviate sexual intercourse that is not deemed to be rape.
Sexual assault is a second degree felony. A second degree felony in Pennsylvania is punishable by up to 10 years in prison and a $25,000 fine.
In addition to the rape or sexual assault charges, someone who commits the act of rape or sexual assault against a spouse can face additional charges such as domestic abuse and false imprisonment charges depending up the circumstances of the crime.
_______________________________________________
SEXUAL ASSAULT CHARGES DO NOT MEAN
THAT YOU ARE GUILTY OR THAT YOU WILL BE CONVICTED.
CALL OR TEXT ATTORNEY SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
______________________________________________
HOW AN EXPERIENCED SEXUAL ASSAULT ATTORNEY CAN HELP
PA Sex Crime Attorney David Shrager is a very compassionate criminal attorney and understands that these types of circumstances can be very personal and difficult to discuss, especially if the accuser was an acquaintance, spouse or loved one.
But if you want to protect your rights and your future, speaking with an experienced lawyer who can aggressively defend your rights and fight for the charges to be dropped is a crucial first step.
Shrager Defense Attorneys will fully investigate your case from text messages to phone calls and key statement from witnesses. We will aggressively search for contradictions in the complainant’s case and for any other witnesses who may aid in providing information for your defense.
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FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with Pittsburgh Attorney 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 information about Defenses to Sex Crimes
- 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
- 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