STATUTORY RAPE CHARGES IN PENNSYLVANIA
Click here to download PDF version. The Pennsylvania Human Relations Commission publishes this compilation for informational purposes only. The Commission is not responsible for any errors or omissions herein, and this compilation is not to be cited, for any purpose whatever.
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The Pennsylvania Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Pennsylvania are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
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. 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. 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.
Pennsylvania has a close-in-age exemption. 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. 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.
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state’s age of consent laws. The age of consent in Pennsylvania is based on the following statutes from the Pennsylvania criminal code:. Pennsylvania has six statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state.
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.
In the United States , the age of consent is the legal age at which a person is considered mature enough to consent to sex. However, the actual age is set by individual state laws. In some jurisdictions, this is true even if both partners are themselves younger than the age of consent and both parties could technically be prosecuted.
North Carolina and Pennsylvania raised the age of the minor—up to 16 years—who is subject to protection under the criminal unlawful sex laws. North Carolina.
However, while Colorado law does recognize common law marriages entered into when both spouses are eighteen years of age or older, it does not recognize common law marriages entered into in Colorado or elsewhere after September 1, , when one spouse is under eighteen years of age. The general age of consent in Connecticut is This applies in most relationships. Connecticut recognizes that minors who are at least 13 can consent to sexual activity if and only if there is less than a 3-year age difference.
However consensual, sexual intercourse within the 3-year age difference by a minor 13 through 17 years old may , upon a complaint, lead the Connecticut Superior Court to a “family with service needs” finding. Such a finding would allow the Court to issue orders as it finds necessary in dealing with the matter. Consensual sexual intercourse over the 3-year age difference where the minor is 13 to 15 years old would subject the older party to a charge of Sexual Assault, 2nd Degree, in violation of C.
Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. A guilty verdict would result in conviction of a Class B felony sex offense , with a mandatory minimum of 9 months and maximum 20 years imprisonment.
It would not matter if the older person did not know of the age difference, or if the younger person lied about age.
Pennsylvania Age of Consent Lawyers
In Pennsylvania, the age of consent for sexual relations is 16 years old. This applies across the board, to males and females, and to heterosexual as well as homosexual conduct. Anyone between the ages of 13 and 16 can consent to have sex with anyone else who is no more than 4 years older. Some of the more severe violations carry prison terms of up to 20 years.
If you feel you may have violated by having sex with an underage minor, you may want to consult with a Pennsylvania criminal defense lawyer to determine what steps you need to take to avoid prosecution and having to register as a sex offender.
Sign up for our free weekly newsletter. Now, five separate cases before the state Supreme Court are attacking it as outdated, discriminatory, and unnecessarily cruel, depriving thousands of people of their fundamental rights. The cases challenge nearly every aspect of the law, which has undergone several incarnations since being signed in , one year after the death of 7-year-old Megan Kanka. The New Jersey girl was raped and killed by a neighbor who, unbeknownst to her family, was a twice-convicted pedophile.
Similar laws were adopted across the United States and at the federal level. In the last year alone, the website received million page views, state records show. Defense lawyers, joined by a growing chorus of experts in the criminal justice reform movement, dismiss that. They argue the cases expose deep constitutional problems and should at a minimum push the legislature to rethink its approach to managing people who commit sexual violence. When SORNA took effect at the end of , it greatly expanded the law, increasing the list of offenses subject to registration and notification — including a handful that are not sexual in nature — and imposing more stringent registration and notification rules.
They are subject to lifetime registration, as well as lifetime counseling and community notification. The case centers on whether those rigorous registration, notification and counseling requirements constitute unlawful punishment. A board of psychiatrists, psychologists and criminal justice professionals in Pennsylvania make recommendations to the court about whether someone should be classified as a sexually violent predator. Since , the board has completed 20, assessments, according to state officials.
In 6, of those cases, it has recommended that the offender be classified as a sexually violent predator, although the courts have not always agreed.
Ages of consent in the United States
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Basic information about divorce laws in Pennsylvania. The “marital misconduct” of you or your spouse before the final separation date;; Abuse of one spouse.
Offenders convicted of the following offenses which occurred on or after December 20, shall be classified as a Tier I offender:. Offenders convicted of the following offenses which occurred on or after December 20, shall be classified as a Tier II offender:. Offenders convicted of the following offenses which occurred on or after December 20, shall be classified as a Tier III offender:.
Offenders convicted of the following offenses which occurred before December 20, shall be classified as a Ten-year Registrant:. A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth. Offenders convicted of the following offenses which occurred before December 20, shall be classified as a Lifetime Registrant:.
Age of Consent
In many cases, Romeo and Juliet Laws reduce or eliminate the penalty of statutory offenses. But in our justice system, Romeo and Juliet laws were created as an exception to a serious criminal offense to help prevent a dreadful outcome for young star crossed lovers in real life. By definition, Romeo and Juliet laws are provisions to statutory laws that pertain to individuals under the age of consent who engage in sexual intercourse when there is a minor age difference.
Each state law has a specific age difference permitted, as well as its own determination of which criminal charges apply to each situation.
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2020 Pennsylvania Law Changes
It was enacted to protect children from abuse, allow the opportunity for healthy growth and development and, whenever possible, preserve and stabilize the family. What is child abuse? Child abuse, according to the CPSL, includes any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury or non-accidential serious mental injury to a child under 18 years of age, sexual abuse or sexual exploitation to a child under 18 years of age, and serious neglect.
If you were charged with statutory rape in Pennsylvania, know your rights and of rape itself can fall under different categories, each carrying different penalties, A reasonable mistake in age is not a valid defense and the prosecution does.
As a victim of a crime in Pennsylvania, you are afforded certain rights under the law. Those rights include the right to be reasonably protected from the accused, informed of any public court or parole proceedings, heard any at public proceedings, and informed about a plea bargain or deferred prosecution agreement. Additional rights include the right to full and timely restitution, proceeding free from reasonable delay, and the right to be treated with fairness and respect.
To improve the protection of crime victims, the governor signed a number of new laws into effect. Signed in July , victims of crimes are likely to see the impact of a number of new laws in and beyond. Six bills were signed to ensure and protect the rights of individuals victimized by criminals. Those bills include:. The license a driver has should match with the type of vehicle they drive.
Corruption of Minors is a serious charge in PA that carries jail time and possibly sex offender registration requirements depending on the facts of the case. If charged with Corruption of Minors in PA, it is critically important for you to hire a qualified Pittsburgh criminal defense attorney as soon as possible to represent you. There are three classifications for Corruption of Minors charges: sexual, non-sexual offenses and truancy offenses.
Since the offense is non-sexual in nature, an offense under Subsection a 1 i does not trigger sexual offender registration requirements under the Sexual Offender Registration and Notification Act SORNA. A person commits an offense under this subsection if he or she is 18 years of age or older, and commits one of the following acts:.
The definition of sexual abuse is unchanged with the exception that consensual were committed: Rape; Statutory sexual assault; Involuntary deviate sexual Child Sex Trafficking: Any child under the age of 18 who is induced to engage in.
Young love is a wonderful and exciting thing. However, teenagers are at a confusing age. If these laws are violated, either Romeo or Juliet could face several years in prison. In order to understand Romeo and Juliet laws, one must first understand the statutory sexual assault laws in Pennsylvania. This is the age of consent in the state. Anyone over the age of 16 can have consensual sex, as long as their partner is also over the age of Force is not considered a factor in statutory sexual assault cases.
However, the penalties for statutory sexual assault are severe. If the defendant is more than 11 years older than the victim, they could potentially face first-degree felony charges, which hold sentences of up to 20 years in prison. Statutory sexual assault is a L t. There are though, exceptions within the statute, and the Romeo and Juliet law is one of them.
Romeo and Juliet laws are intended to protect two teenagers in a consenting sexual relationship. In order for the exception to apply, one individual must be at least 13 years old. Their partner cannot be more than four years older.
CORRUPTION OF MINORS IN PA
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent is between 16 and
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WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender. Important: Even if courts are closed, you can still file for a protection order and other emergency relief. Below you will find basic information about divorce laws in Pennsylvania. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page.
To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court — By Yourself page. In Pennsylvania, you have the option of filing for a no-fault divorce or a fault-based divorce by proving one of the following grounds reasons. Fault-based grounds for divorce The judge may grant a divorce if your spouse has done one of the following:.
In Pennsylvania, a judge may find that one spouse will have to pay money to the other after a divorce, which is referred to as alimony. Generally, the judge will determine if alimony should be paid, and how much, based on whether it is reasonable and necessary. The judge will consider a series of factors in considering whether alimony is necessary and the nature, amount, duration and manner in which it should be paid.