A 21-year-old Sunbury man, Xavier Ponce, faces felony rape and sexual assault charges for allegedly sexually assaulting a minor. On December 27, 2023, the Sunbury Police Department received a report indicating Ponce allegedly touched a 15-year-old girl inappropriately while the two spent time at his home in November.
Ponce's responses to police questioning highlight the importance of speaking with a lawyer when facing charges. If you ever face such charges, the LLF Law Firm Criminal Defense Team can offer guidance and provide the defense you need. Get started today by contacting us through our online form or calling us at 888.535.3686.
The Accuser's Story
After the police received the initial report, the Child Advocacy Center in Sunbury interviewed the female accuser on January 9. According to the accuser:
- She and Ponce spent time at his home on the afternoon of November 15.
- Ponce and the accuser initially smoked cannabis and played video games and card games.
- Eventually, Ponce set the cards aside and brought out a pack of condoms.
- Ponce then pulled the accuser toward him. He forced her to perform oral sex on him. While doing so, he touched her inappropriately.
Police interviewed Ponce on the basis of these accusations. During questioning, Ponce made certain errors that could negatively affect his case.
The Accused's Response
Ponce initially spoke to police about the alleged incident on January 12. He told the police that on November 15, he and the accuser merely played video games and talked until later that night.
However, Ponce added more details when police questioned him again on February 8. During this round of questioning, Ponce admitted the accuser had performed oral sex on him.
The Charges
Ponce now faces these charges:
- Felony statutory sexual assault
- Misdemeanors of indecent assault
- Corruption of minors
Penalties for such crimes may be significant. For example, felony statutory sexual assault is a felony of the second degree in Pennsylvania. Penalties for a felony of the second degree in Pennsylvania may include:
- A fine of no less than $5,000 and no more than $25,000
- Up to 10 years in prison
- Both
It's too early to determine this case's likely outcome. However, the fact that Ponce admitted to sexual contact is not likely to work in his favor. This is particularly true in light of the fact that he appears to have lied about or omitted this detail during his first interview with the police.
Facing Sex Crimes Charges in Pennsylvania?
Ponce made a critical error when the police interviewed him: not enlisting a lawyer's help. If the accused had hired an attorney, his lawyer may have prevented him from making harmful statements.
Never submit to a police interview without a lawyer present. Exercising your right to remain silent is vital when facing potential charges. Nothing you say is likely to help your case. Anything you say could harm it.
The LLF Law Firm Criminal Defense Team can help when someone has accused you of sex crimes in Pennsylvania. Learn more by contacting us online or calling us at 888.535.3686 today.
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