Philadelphia Rape Defense Lawyers | Fighting Rape and Sexual Assault Charges in PA and NJ

Our Criminal Lawyers Can Help with Rape and Sex Crimes Charges in Pennsylvania and New Jersey

There are often defenses to rape charges and other Megan's Law offenses like sexual assault, statutory rape, and indecent assault. Our award-winning defense attorneys zealously defend our clients when they are accused of all types of sex crimes. We have successfully handled many of these cases at trial and on appeal, and we are well-versed in the potential defenses to these serious, potentially life-altering charges. Our criminal lawyers will fight for you and work tirelessly to obtain the best possible result. That could include avoiding a conviction and registration on Pennsylvania's Megan's Law sex offender registry.

We offer a free 15-minute criminal defense strategy session in which we will begin to analyze the case against you, evaluate your options, and provide you with initial advice on what to do next. Society and law enforcement may be quick to judge the accused, but we are not. We keep all calls completely confidential, and we will not judge you in any way based on the fact that you are facing any kind of criminal charges. We understand what you are going through, and we can help you fight these serious charges using the skill and expertise that we have developed from defending numerous sexual assault cases. Call 267-225-2545 for a free criminal defense strategy session with one of our sex crimes attorneys.   

How does Pennsylvania law define Rape?

Accusations of rape are some of the most serious and explosive accusations that a person can make. Under Pennsylvania law, a person is guilty of rape when the person engages in sexual intercourse with another person through the use of forcible compulsion. There are two key definitions in the rape statute. First, the definition of sexual intercourse is important. Sexual intercourse,"in addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required." This means that sexual intercourse includes vaginal, oral, and anal sex, and it does require some form of penetration no matter how slight or brief.

Second, the definition of forcible compulsion is also important. The Pennsylvania crimes code defines forcible compulsion in the same manner as it is defined in the Involuntary Deviate Sexual Intercourse statute. Forcible compulsion involves conduct such as preventing the other person from resisting by force or threats of force, having sexual intercourse with someone who is unconscious or incapable of consent due to a mental condition, giving drugs or alcohol to someone so that they cannot resist, or having sexual intercourse with someone who is less than 16 years old if the defendant is four years older than the complainant when the defendant and complainant are not married. More generally, forcible compulsion involves engaging in sexual intercourse without consent. 

Rape is always a first degree felony, and a conviction for rape will almost certainly pose significant consequences including likely jail time, lifetime registration on Megan's Law, and serious problems in obtaining employment. The stakes are extremely high in any rape case, but they can be even higher in cases involving allegations of the rape of a child. Therefore, it is vital that you speak with one of our experienced sex crimes lawyers if you are facing rape charges or any other sex offense allegations. Most importantly, you need to speak with a criminal defense lawyer who has experience dealing with serious sex offense charges before you make the decision as to whether you should speak with the police.  

Defenses to Rape Charges and Sexual Assault Charges Under Pennsylvania Law

If you are charged with rape or the police are investigating allegations and have not yet brought charges, it is very important that you do not delay in speaking with a criminal defense attorney. There are often defenses to these types of charges, but presenting a successful defense often requires getting to work right away. 

Our Philadelphia sex offense lawyers have experience defending against rape charges and all types of other sex offenses. Depending on the allegations, there are a number of potential defenses in sex offense cases. Many people wait to speak with an attorney until after they have been arrested or charges have been brought by the police. This is usually a mistake. It is important to speak with a lawyer even if charges have not yet been brought because it may be possible for the defense to uncover evidence or witnesses which could influence the prosecution or detective's decision to bring charges in the first place. For example, we have had cases where the client had solid proof of an alibi which made the commission of the crime as charged impossible. In these situations, we have been able to present that alibi evidence to detectives before they made the decision to file charges, thereby avoiding the filing of criminal charges in the first place. Therefore, we offer a free 15-minute strategy session to anyone who is facing rape charges or under investigation for any kind of criminal activity. 

Witness Credibility Defenses

In many cases, allegations involving sex offenses are going to revolve around the credibility of the complainant. Contrary to popular belief, the majority of sex offense cases do not involve strangers. Instead, sex crimes more often involve family members and other people who know each other. For this reason, the prosecution commonly seeks to present expert witnesses who will testify that it is not unusual for allegations to be reported after a significant delay both in cases which are fabricated and cases where sex assault truly happened. It is important to challenge the admissibility and relevance of this type of expert testimony as it may improperly persuade a judge or jury to disregard legitimate questions about the credibility of the complainant.

In cases involving people who know each other, the identification of the defendant is generally not going to be at issue. Instead, depending on the allegations, the potential defenses are probably going to involve the credibility of the complainant, whether the complainant may have actually consented and later begun telling a different story, or whether the offensive touching was some sort of mistake or misunderstanding. In other words, the strongest defense could be that the complainant is not telling the truth. A prompt and thorough investigation of the allegations is absolutely critical in defending against rape charges because valuable evidence and helpful witnesses could be lost due to delay. 

Challenges to Identification Evidence in Sexual Assault Cases

In cases involving strangers, credibility may still be an issue, but our sex crimes lawyers will also explore the possibility of challenging the prosecution's identification evidence. For example, we may be able to use cross-examination to show that the police arrested the wrong guy and followed improper procedures in conducting a lineup or photo array. Due to a growing consensus in the scientific community that there are significant problems with eyewitness identifications, the Philadelphia Police Department recently issued new police directives governing the procedures which detectives should follow when showing a photo array to a witness and asking the witness to make an identification. Unfortunately, it is all too common that the detectives take short cuts and do not follow the required procedures.

We may also be able to show flaws in the identification through the use of expert witnesses on eyewitness identification or by highlighting inconsistent witness testimony. It is not unusual for prosecutors to attempt to use forensic evidence to prove identification in sex crimes cases, but most forensic evidence is not as reliable or as clear as it seems on television, and many forms of forensic evidence are subject to challenges based on their accuracy and reliability. For example, if prosecutors are attempting to use DNA, fingerprint, hair matching, or some other type of forensic evidence in a rape case, it is often necessary to have an expert review law enforcement's methods and conclusions for errors. Every case is different, and depending on the allegations, there may be potential defenses to charges such as whether the police arrested the right person and whether the complainant is telling the truth. 

Immediate Investigation in Rape Cases Is Critical

An important fact to remember if you are under investigation is that helpful evidence is often lost very quickly due to delay. Surveillance video may be overwritten, or key witnesses may be lost or forget the details of what they saw. Given the serious consequences of a rape conviction, it is important that the defense also investigate immediately so that evidence is not lost, and when you retain us, our lawyers will immediately begin investigating your case. We have extremely talented investigators who are ready to seek out exculpatory evidence such as other witnesses and surveillance footage which may show that the incident did not happen or that there are problems with the complainant's credibility. Likewise, we will cross-examine the complainant in pre-trial hearings and at trial to show whether there are any inconsistencies in the statements made to police and testimony in court.

Motive to Fabricate

In today's society, people are often quick to assume that criminal allegations are true simply because the defendant has been accused of a crime. Our criminal defense attorneys pride themselves on protecting your constitutional rights and making sure the fact finder understands that you are innocent until proven guilty. We understand that just because someone said something happened does not make it true. There are a number of reasons why people accuse each other of crimes which did not happen. These reasons include anger, spite, jealousy, financial motivations, revenge and simple miscommunications. In many cases, the police and District Attorney bring charges based solely on the alleged victim's word, so we will investigate to determine whether there are reasons why the complainant may be making it up or exaggerating. It is always important to conduct a complete investigation into the allegations and investigate for possible alibi evidence or other evidence that show the contact could not have occurred. Rape cases also may involve challenging forensic evidence such as DNA through the use of expert witnesses.  

Our Philadelphia sex offense lawyers will thoroughly investigate the allegations against you, determine whether there may be any exculpatory evidence, and help you choose the best options and defenses to these charges. In some cases, it will be best to go to trial and seek an acquittal. In others, we may be able to negotiate pleas to other non-sex offense or less serious charges which will not trigger mandatory sex offender registration under Megan's Law. We may also determine that the evidence is strong and it is best to focus on obtaining a reduced jail sentence. The reality is that every case is different, and we can help you find the best options for your individual situation. We never recommend a plea just to save time or money. 

Sentencing for Rape Convictions

In most cases, the reality is that a conviction for rape carries jail time. Rape always requires lifetime registration with the Pennsylvania State Police through Megan's Law. As a general rule, first degree felonies may be punished by a maximum sentence of twenty years in prison. However, rape charges carry increased potential maximum sentences under certain circumstances. For example, there is a ten year enhancement to the potential maximum where the Commonwealth proves that the defendant used some sort of date rape drug. If you are convicted of the rape of a child, meaning the victim was under the age of 13, then the maximum penalty doubles to a potential sentence of forty years in jail. Finally, if you are convicted of the rape of a child under the age of 13 and the child suffers serious bodily injury during the course of the assault, then the maximum potential sentence becomes life in prison. 

Following a rape conviction, the trial judge's natural inclination is likely not going to be one of sympathy towards the defendant. However, it is important to remember that because most Pennsylvania mandatory minimums have been eliminated by decisions of the United States and Pennsylvania Supreme Courts, there is currently no mandatory minimum sentence for a rape conviction in Pennsylvania unless the conviction involves a child. The legislature, however, reinstated many of the previously-unconstitutional mandatory minimums for crimes involving children. If the conviction is for the rape of child, then the judge must now impose a mandatory minimum sentence of at least 10 - 20 years’ incarceration. The judge, however, may often impose a sentence longer than that. This means that it is absolutely critical that if you are facing charges, you retain a criminal defense lawyer who has the experience to prepare both to challenge the charges at trial and to present a persuasive sentencing case to the judge in the event of a conviction.   

Pennsylvania Sentencing Guidelines for Rape Convictions

The sentencing judge exercises an enormous amount of discretion when deciding what sentence to impose on a defendant who has been convicted. For example, under the Pennsylvania sentencing guidelines, rape has an Offensive Gravity Score ranging from 12-14 depending on the circumstances and type of victim. Assuming even the lowest OGS of twelve and a defendant with a prior Record Score of 0, the defendant will face sentencing guidelines of 48-66 +/- 12 following a conviction. 

The Pennsylvania sentencing guidelines provide a range of possible minimum sentences for the judge to impose. Therefore, a guideline sentence for rape for someone with no prior record could range from a fully mitigated sentence with a minimum of 3 years in prison to a fully aggravated minimum sentence of 6.5 years in prison. In Pennsylvania, the maximum sentence must always be at least twice the minimum sentence, so the range of potential sentences is significant. Of course, these guidelines assume a conviction, and you should not assume that just because you have been charged, you will be convicted. Our experienced sex crimes lawyers know both how to challenge these cases in the courtroom and present persuasive arguments to the prosecution and judge in order to obtain reduced sentences in the event of a conviction. 

I'm innocent, but a detective wants to speak with me. Shouldn't I tell the police my side of the story?

Given the consequences of a conviction, you should never speak with the police about an allegation that you committed a sex crime like rape without first retaining counsel. The police are not joking when they tell you that everything you say can and will be used against you in a court of law. The Constitution prohibits the police and prosecution from suggesting to a judge or jury that the fact finder should infer guilt from your decision not to make a statement or your decision to speak with an attorney first. If you do make a statement and even the smallest detail can be proven false, the prosecution will argue to the jury that you knowingly lied and must be guilty. Only an experienced defense attorney can properly advise you on whether it makes sense to sit down with detectives and give a statement. You should not do so without speaking with counsel first. 

Sex Offense Case Results

Commonwealth v. P.S. — Full Acquittal, Rape of a Child
Attorney Goldstein won a complete acquittal for a father charged with rape of a child and related offenses involving his biological daughter. Through investigation, he obtained family court transcripts showing the complainant had previously told judges the assaults never happened, that the allegations surfaced only after the mother began litigating custody and support, and that the medical exams were normal. After a one-day waiver trial, the judge found the allegations fabricated and acquitted P.S., who had faced decades in prison and lifetime Megan's Law registration.
Read the full result

Commonwealth v. R.M. — Acquittal of Sex Charges After Bench Trial
Attorney Goldstein won an acquittal of all sex offenses for a client accused of rape and sexual assault by a former girlfriend. Cross-examination established a motive to fabricate, since R.M. had moved out and begun dating someone else before the allegations were made, and that the complainant reported the incident to R.M.'s probation officer rather than the police. A Protection from Abuse petition the complainant filed days after the alleged incident described only a physical fight and gave a different date, with no mention of any sexual assault. The judge found R.M. guilty only of minor, non-sex misdemeanors and sentenced him to time served.

Read the full result

Commonwealth v. D.M. — IDSI Conviction Reversed on Appeal. In a published decision, the Pennsylvania Superior Court reversed and dismissed convictions for involuntary deviate sexual intercourse and corruption of minors, holding that the Commonwealth violated due process by failing to fix the date of the single alleged offense with sufficient particularity.

Read the full result

Commonwealth v. J.R. — New Trial Granted on PCRA. After a jury convicted J.R. of involuntary deviate sexual intercourse and sexual assault, Attorney Goldstein won post-conviction relief based on trial counsel's failure to call available character witnesses in a credibility-driven case. The court ordered a new trial and released J.R. after nearly two years in state prison.
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Commonwealth v. V.K. — All Charges Dismissed on Speedy Trial Grounds. The client was charged with rape and involuntary deviate sexual intercourse on a decade-old allegation. After a detective obtained a warrant but did little to locate him, Attorney Goldstein filed a Rule 600 motion, the court found a lack of due diligence, and all charges were dismissed.
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Commonwealth v. L.B. — Full Jury Acquittal, Indecent Assault. A massage therapist faced indecent assault and indecent exposure charges from two complainants. Cross-examination showed both had hired the same lawyer and sued the spa before going to police and behaved inconsistently with their claims. The jury acquitted on all counts.
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Federal Suppression Win, Eastern District of Pennsylvania. In a federal case involving alleged possession and production of unlawful digital material, Attorney Goldstein won a "four corners" motion to suppress all evidence, arguing the search warrants relied on profile-based reasoning rather than the factual nexus the Third Circuit requires. The court suppressed every item seized, effectively ending the prosecution.
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Commonwealth v. J.B. — Full Jury Acquittal, Rape
Attorney Goldstein won a complete acquittal from a Philadelphia jury for a client charged with rape, unlawful contact with a minor, and indecent assault, based on allegations by his girlfriend's daughter. Cross-examination established that the complainant had previously admitted to her sister and mother that she made the story up out of fear of getting in trouble over a bad report card, that no investigator, DHS worker, or medical professional documented any injuries despite her claim of a recent assault, and that no family members corroborated her account even though she said it happened in their presence. With no physical or forensic evidence, the jury acquitted J.B. of all charges.
Read the full result

Past results are no guarantee of future performance. Each case is different. Call 267-225-2545 for a free 15-minute criminal defense strategy session.

Rape Charges in Pennsylvania: Frequently Asked Questions

How does Pennsylvania law define rape?

Under Pennsylvania law (18 Pa.C.S. § 3121), a person commits rape, a felony of the first degree, by engaging in sexual intercourse with another person by forcible compulsion; by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; with someone who is unconscious or unaware the intercourse is occurring; with someone whose power to control their conduct has been substantially impaired by drugs or intoxicants administered without their knowledge; or with someone who suffers from a mental disability that renders them incapable of consent. Sexual intercourse includes vaginal, oral, and anal intercourse with some penetration, however slight.

What is the sentence for rape in Pennsylvania?

Rape is always a first-degree felony, which carries a maximum sentence of up to 20 years in prison, and a rape conviction requires lifetime registration with the Pennsylvania State Police under Megan’s Law. Rape of a child (a complainant under 13) carries a maximum of up to 40 years, and up to life imprisonment if the child suffers serious bodily injury during the offense.

Is there a mandatory minimum sentence for rape in Pennsylvania?

There is currently no mandatory minimum sentence for a rape conviction in Pennsylvania unless the conviction involves a child. For rape of a child, the court must impose a mandatory minimum sentence of at least 10 to 20 years’ incarceration, and the judge may impose a longer sentence.

Should I talk to the police if I am being investigated for rape?

No. Given the consequences of a conviction, you should never speak with police about an allegation that you committed a sex crime without first retaining a defense attorney. Anything you say can be used against you, and only an experienced defense lawyer can advise you on whether it makes sense to give a statement.

Does a rape conviction require sex offender registration?

Yes. A rape conviction in Pennsylvania requires lifetime registration with the Pennsylvania State Police under Megan’s Law.

What Is the Statute of Limitations for Rape in Pennsylvania?

Pennsylvania has eliminated the criminal statute of limitations for most serious sex offenses committed against children. Under 42 Pa.C.S. § 5551(7), a prosecution may be commenced at any time for offenses including rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, and incest when the complainant was under 18 years of age at the time of the offense. The legislature added this no-limitation rule through Act 87 of 2019, effective November 26, 2019.

When the complainant was an adult, the major sexual offenses are governed by 42 Pa.C.S. § 5552, which generally requires the Commonwealth to begin a prosecution within 12 years of the date of the offense.

For sexual offenses against a minor that are not on the no-limitation list, such as indecent assault under § 3126, Section 5552 allows a prosecution to be brought until the later of the otherwise applicable period after the complainant turns 18, or the date the complainant turns 55.

One point is frequently misunderstood. Extending or eliminating a limitations period does not revive a prosecution that was already time-barred when the change took effect. Once the limitations period that applied at the time of the alleged conduct has expired, the Commonwealth generally cannot resurrect the case. For older allegations, determining whether a charge is timely often requires a careful analysis of when the conduct allegedly occurred and which version of the law was in effect at that time. An experienced defense attorney can evaluate whether the charges against you were brought within the time the law allows.

Rape vs. Sexual Assault vs. IDSI vs. Aggravated Indecent Assault vs. Indecent Assault

Pennsylvania charges several distinct sex offenses that are often confused, and the differences in grading and penalty are significant.

Rape (18 Pa.C.S. § 3121)

A first-degree felony. It requires sexual intercourse accomplished by forcible compulsion or one of the other circumstances in the statute, such as where the complainant is unconscious or incapable of consent. The maximum sentence is 20 years, rising to 40 years for rape of a child under 13 and up to life if that child suffers serious bodily injury. It is a Tier III offense requiring lifetime Megan’s Law registration.

Involuntary Deviate Sexual Intercourse (18 Pa.C.S. § 3123)

Also a first-degree felony with the same sentencing structure as rape. IDSI covers deviate sexual intercourse, meaning oral or anal intercourse, penetration with a foreign object, or intercourse with an animal, accomplished by forcible compulsion. It is a Tier III offense requiring lifetime registration. See our IDSI page.

Sexual Assault (18 Pa.C.S. § 3124.1)

A second-degree felony carrying a maximum of 10 years. It applies when a person engages in sexual intercourse or deviate sexual intercourse without the complainant’s consent, and unlike rape and IDSI it does not require proof of forcible compulsion. It is a Tier III offense requiring lifetime registration. See our sexual assault page.

Aggravated Indecent Assault (18 Pa.C.S. § 3125)

Involves penetration, however slight, of the genitals or anus with a part of the body, without consent. It is a second-degree felony with a 10-year maximum when the complainant is 13 or older, and a first-degree felony with a 20-year maximum when the complainant is under 13. It is a Tier III offense requiring lifetime registration. More detail is on our aggravated indecent assault page.

Indecent Assault (18 Pa.C.S. § 3126)

The least serious of these offenses because it involves indecent contact, meaning unwanted touching for sexual gratification, without penetration. Its grading varies with the circumstances, from a second-degree misdemeanor up to a third-degree felony where the complainant is under 13 and certain aggravating factors apply. Registration requirements typically run 15 years or longer depending on the subsection. See our indecent assault page.

The practical takeaway is that the presence of penetration, the use of force, and the age of the complainant drive both the grading and the registration consequences. Because these offenses are frequently charged together, the defense strategy often involves separating what the evidence actually supports from what the Commonwealth has charged.

What Happens After a Rape Arrest in Pennsylvania?

A rape case moves through several stages. It begins with arrest and a preliminary arraignment, where bail is set. Next is the preliminary hearing, where the Commonwealth must present enough evidence to establish a prima facie case before the charges are held for court. After the case reaches the Court of Common Pleas, there is a formal arraignment, followed by the pretrial motions stage. This is often where cases are won or lost, through motions to suppress unlawfully obtained evidence and motions in limine, including Rape Shield motions that govern what may be explored about the complainant’s background. If the case is not resolved or dismissed, it proceeds to trial, where the Commonwealth must prove every element beyond a reasonable doubt, and where a jury verdict must be unanimous. If there is a conviction, sentencing follows, along with mandatory Megan’s Law registration.

Acting early matters. Surveillance video, phone records, and witness memories can be lost quickly, so the sooner the defense begins investigating, the more can often be done to protect you, sometimes before charges are even filed.

What does a rape defense lawyer cost?

Legal fees depend on the complexity of the case, whether it resolves before trial or proceeds to a jury, and whether an appeal becomes necessary. We discuss fees directly and clearly at the outset. We also offer a free 15-minute strategy session so you can understand your situation and your options before making any decisions. Call 267-225-2545.

Our Sex Offense Lawyers Can Help

If you are facing rape charges or any other charges for a sex offense, you should speak with one of our experienced criminal defense lawyers immediately. Given the serious consequences of a rape or sexual assault conviction, it is important that you move quickly and retain a defense lawyer who can begin investigating the case before evidence may be lost. We offer a free 15 minute criminal defense strategy session to each potential client. Call 267-225-2545 to begin building your defense to sex offense charges. 

Related Sex Crimes Articles

Should I talk to the Police?

Megan's Law Update

Involuntary Deviate Sexual Intercourse

Appealing Megan's Law Retroactivity Provisions

CONTACT A MEGAN'S LAW DEFENSE LAWYER TODAY

What is the Definition of Rape in Pennsylvania?

§ 3121.  Rape.

(a)  Offense defined.--A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.

(6)  (Deleted by amendment).

(b)  Additional penalties.--In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years' confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

(c)  Rape of a child.--A person commits the offense of rape of a child, a felony of the first degree, when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

(d)  Rape of a child with serious bodily injury.--A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree, when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

(e)  Sentences.--Notwithstanding the provisions of section 1103 (relating to sentence of imprisonment for felony), a person convicted of an offense under:

(1)  Subsection (c) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

(2)  Subsection (d) shall be sentenced up to a maximum term of life imprisonment.