It also includes minors who are 13, 14, or 15 when the defendant is at least four years older than the victim. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. But if Jen and Tony are married and living in Pennsylvania, Tony need not fear criminal charges for having consensual sex with Jen. If you or someone you love has been accused of violations regarding the legal age of consent, the criminal defense attorneys at Erik B. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Jensen Attorneys at Law, we understand how upsetting it is to be charged with this type of crime, and we will work hard to clear your name. The state of Pennsylvania has established a number of different rules regarding consent, with an eye to acknowledging that there is a difference between corruption of a minor, statutory sexual assault, and consensual activity between two young people. When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual: Those who break the law have committed statutory rape. Of course, rape that does involve force or an assault is illegal in Pennsylvania and prosecuted as forcible rape. Indecent assault includes any sexual or intimate touching for the purpose of arousing or gratifying sexual desire. Pennsylvania Age Of Consent Law: Jensen Attorneys at Law can provide you with valuable information and a strong defense. One or more of these charges may be used to prosecute violations of the Pennsylvania Age of Consent, as statutory rape or the Pennsylvania equivalent of that charge.
This offense is a second degree felony. Pennsylvania statutory rape law is violated the de-facto age of consent law in Pennsylvania is actually 18 due to Pennsylvania's corruption of minors statute. If, however, the other party is four or more years older, they will likely be charged with statutory sexual assault. When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual: This creates an interesting dynamic, as the laws allow teens aged 17 and 16 to consent to each other, but not to anyone 18 or older. Unlike in most states, in Pennsylvania mistake of age can sometimes be a defense. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Pennsylvania What is the Pennsylvania Age of Consent? Click any charge for more detailed information. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. A close in age exemption , also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. Click the map to view any state's age of consent laws. See a Lawyer Laws can change over time. But if Jen and Tony are married and living in Pennsylvania, Tony need not fear criminal charges for having consensual sex with Jen. Rape includes sexual intercourse including genital, oral, or anal penetration, however slight with a minor who is younger than 13 years old. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Depending on the situation, the Pennsylvania close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. Indecent assault includes any sexual or intimate touching for the purpose of arousing or gratifying sexual desire. Teens between 13 and 15 may or may not be able to consent to a partner less than 4 years older, because while they might not be affected by the statutory rape laws, they could be prosecuted under other offenses. Aggravated indecent assault includes genital or anal penetration however slight with a body part, between a minor who is younger than 13 and a defendant of any age. One or more of these charges may be used to prosecute violations of the Pennsylvania Age of Consent, as statutory rape or the Pennsylvania equivalent of that charge. If a teen who is 13, 14 or 15 has sex with a person who is less than four years older than they are, then an accusation of statutory rape will not be made. The Pennsylvania Age of Consent is 16 years old. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. The age of consent is the age that the state has determined a person needs to be in order to be able to understand what they are doing when they engage in sexual intercourse. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
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