Rape

PITTSBURGH RAPE DEFENSE LAWYER

Section 3121 of the Crimes Code defines rape. Rape may occur under a variety circumstances, but the general baseline requirement is that there be “sexual intercourse,” which in addition to its ordinary meaning, includes oral sex and anal sex, and there must be “penetration however slight.”

Section 3121(a) speaks to these differing circumstances; however, in all instances, rape is categorized as a first-degree felony. In instances, however, of rape of a child, which entails sexual intercourse with a person less than 13 years of age, the law imposes a mandatory-minimum sentence of 10 years in prison, and the maximum possible penalty is extended to 40 years. Those convicted of a rape of a child where the child suffers “serious bodily injury in the course of the offense” may be sentenced up to a maximum term of life in prison.

As of April 23, 2018, Section 9718.5 of the Judiciary Code requires that a person convicted in Pennsylvania of an offense under 42 Pa.C.S. § 9799.14(d) (Tier III sex crimes) be sentenced to probation for three years “consecutive to and in addition to any other lawful sentence.”

Apart from the direct consequences of being convicted of rape, those convicted are subject to lifetime registration as a sex offender on the Megan’s Law registry maintained by the Pennsylvania State Police.