Pennsylvania takes sexual assault offenses seriously. It's considered a second-degree felony and can lead to up to 10 years in jail and a fine of up to $25,000. One of the most important aspects of any sexual assault case is whether the person charged with the offense had the affirmative consent of the other participant(s) in the sexual activity in question.

It's important to know what affirmative consent is—and is not—and what you can do if you get charged with criminal sexual assault in Pennsylvania.

What Is Affirmative Consent?

Affirmative consent is the knowing, voluntary, and mutual decision of all participants to engage in sexual activity. Someone can give affirmative consent with words or actions, but it must be clear that these words or actions give permission to another person or other people to participate in sexual activity. Affirmative consent must demonstrate a clear willingness to participate and cannot be forced or coerced.

Understanding affirmative consent is easier if you know what affirmative consent is not. Examples of what is not considered affirmative consent are:

• Silence
• Absence of protest
• Absence of resistance
• Agreeing to participate under the pressure of intimidation or threat

Also, the following persons cannot give consent:

• Underage individuals
• Individuals intoxicated or incapacitated by drugs or alcohol
• Asleep or unconscious individuals

One final thing to remember about affirmative consent is that it can be withdrawn at any time. If the person does consent at first but a few minutes later changes their mind, then you no longer have their affirmative consent.

Why Does Affirmative Consent Matter in Sexual Assault Cases?

The definition of sexual assault and rape differ slightly in each state. In Pennsylvania, sexual assault happens when a person “engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.” The complainant is the person who accuses someone else of sexual assault.

Affirmative consent plays a crucial role in the definition of sexual assault in Pennsylvania. For some sexual offenses, such as institutional sexual assault of a minor, having consent is not a defense for the crime. For second-degree felony sexual assault, however, proving you had affirmative consent could make a huge difference in the outcome of your case.

What Should You Do if You're Charged With Sexual Assault?

If you get charged with sexual assault in Pennsylvania, you have a lot on the line. As soon as you learn about the charges, you should hire a criminal defense attorney like the team at the LLF Law Firm. We can help you through each step of the process and work toward a favorable outcome in your case. We'll gather evidence, conduct research, seek out witnesses, and do all we can to build a solid defense for you. Call the LLF Law Firm today at 888-535-3686 or fill out our form, and we'll reach out to you.