Montgomery County Sexual Assault Attorney

Sexual violence affects millions annually in the U.S. Many of these incidents are not reported to authorities, as victims may harbor feelings of shame, embarrassment, or may fear a reprisal. In Pennsylvania between 2016 and 2017, agencies assisted over 13,000 adult and 7,000 child victims of sexual violence. In 2017, the Philadelphia Police data indicate that approximately 1,100 individuals were victims of sexual assault.

Sexual Assault (§ 3124.1)

The crime of sexual assault is committed when someone engages in sexual intercourse or deviate sexual intercourse with someone who has not consented to do so. It is a second-degree felony offense that is punishable by up to 10 years in prison and a fine of up to $25,000.

It is necessary to understand the meaning of several terms in order to properly interpret the provisions. Sexual intercourse involves any form of sexual penetration “however slight.” Deviate sexual intercourse involves sexual penetration among humans or animals. Deviate intercourse may also include any form of sexual penetration using a foreign object.

Statutory Sexual Assault (§ 3122.1)

A statutory sexual assault is an act where someone participates in sexual intercourse with someone under the age of 16 that they are not married to. The offense is classified as a felony of the second degree when the alleged offender is between four and eleven years older than the victim. The crime is classified as a first-degree felony when the alleged offender is 11 years older or more.

  • Felony of First Degree: Punishable by a maximum prison sentence of 20 years and a $25,000 fine
  • Felony of Second Degree: Punishable by a maximum prison sentence of 10 years and a $25,000 fine
  • Felony of Third Degree: Punishable by a maximum prison sentence of 7 years and a $15,000 fine

Differentiation from the Charge of Rape (§ 3121)

Rape is a felony offense of the first degree that is defined as participating in sexual intercourse without a person's consent. It is differentiated from a sexual assault in that the alleged offender may forcibly commit the crime or use the threat of force. Rape also may be committed when the victim is not conscious at the time, has been unknowingly impaired, or is unable to consent due to a mental disability.

Record of Criminal Offense

Those with criminal convictions may encounter ongoing difficulties such as in obtaining employment or leasing an apartment based on their criminal record. When a background check is conducted, evidence of the offense will be revealed. Convictions of a sexual nature tend to be stigmatized in our communities.

Megan's Law

In 1995, Pennsylvania Governor Tom Ridge first enacted Megan's Law. The Pennsylvania State Police manages a Pennsylvania Sexual Offender Registry and ensures that those convicted of sexually-based offenses are tracked. The database is accessible to agencies of law enforcement and the general public.

Legal Representation

Pennsylvania allows for significant penalties to be imposed on those convicted of sexual assault and other such violent offenses. Having representation from an experienced criminal defense attorney is critical to protecting your rights. Issues that arise in these cases such as those relating to consent can be complex and require a lawyer that is familiar with this realm of legal practice.

Pennsylvania Sexual Assault Defense Attorney

Our Criminal Law Team has spent years aggressively representing clients charged with serious felony offenses. We have the skills and expertise needed to develop a highly effective defense strategy. Contact the office today at 888-535-3686 for a case evaluation.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.