Legal Blog

 

Date Rape on Pennsylvania College Campuses

Jun 13 2017, by Michael Fienman in Legal Blog, Sex Crimes

Date rape is a growing problem across college campuses with women, men, and members of the LGBTQ community at particular risk for being sexually assaulted by classmates and visitors. The results of a sexual assault are physical, psychological, and financial. Victims of rape may become pregnant if precautions are not taken and a victim may also experience physical injuries. The trauma of the experience can lead to humiliation, shame, depression, and anxiety. Receiving medical care after a sexual assault can lead to thousands of dollars in medical bills that are not entirely covered by insurance. Ultimately, victimized students may feel the need to leave, interrupting their education and careers.

Equally troubling are the false date rape accusations that students can level at one another. Sexual assault is a serious crime, and when it is lied about, the impact on alleged offenders and their families is devastating. The best way to reduce the incidents of date rape and false accusations is to have frank discussions regarding consent, the necessity of coming forward when an assault has been committed, the criminal penalties for date rape, and the consequences of improperly accusing someone of rape.

If you have questions about defending against date rape accusations and criminal charges, contact a Philadelphia sex crimes lawyer with Fienman Defense at (215) 839-9529 right away.

What is Date Rape?

Date rape is a term used to denote a sexual assault that occurs between people who know each other, usually with a romantic or personal connection. The two individuals do not have to be close or in a committed relationship. It may be a first date or friends who live in the same dorm.

Date rape also commonly refers to a sexual assault that took place due to the victim being intoxicated or drugged. This is why you may often hear about date rape drugs, including rohypnol, ketamine, gamma-hydroxbutyric acid, and ecstasy. In the stereotypical date rape situation, the perpetrator slips a liquid or powder form of one of these drugs into the victim’s drink or food to alter the victim’s physical and mental capabilities.

The specific effects of a date rape drug depend on the compound, how much was given, and whether it was combined with alcohol. However, generally, they cause loss of motor control, difficulty talking, dizziness, confusion, sleepiness, nausea, and loss of consciousness. Another common date rape scenario does not require illegal drugs. Instead, the perpetrator relies on encouraging the victim to drink a great deal of alcohol, causing similar symptoms.

Criminal Charges for Date Rape

There is not a specific statute for date rape. Instead, an individual accused of date rape will be charged with a sex crime under Pennsylvania law, such as indecent assault, involuntary deviate sexual intercourse, or rape, based on the alleged facts of the criminal conduct.

  • Indecent assault: Under Pennsylvania law section 3126, you can be found guilty of indecent assault if you have indecent contact with the victim, cause the victim to have indecent contact with you, or cause the victim to come into contact with urine, feces, or semen for the purpose of arousal without the victim’s consent, through force, or through impairing the victim’s power or control through drugs, alcohol, or other intoxicants. You can be charged with a second-degree misdemeanor, first-degree misdemeanor, or a third-degree felony.
  • Involuntary deviate sexual intercourse: Under Pennsylvania law section 3123, you can be convicted of a first-degree felony if you engage in deviate sexual intercourse with another person without that person’s consent, through force, or through substantially impairing that person’s power and control with drugs, alcohol or other intoxicants. Deviate sexual intercourse includes the penetration of the anus or the penetration of the anus or genitals with a foreign object.
  • Rape: Under Pennsylvania law section 3121, you can be found guilty of a first-degree felony when you engage in sexual intercourse with another person through force, threat, or who is unconscious, you have substantially impaired with drugs, alcohol, or other intoxicants, or has a mental disability.

Statutory Penalties for Date Rape

If you are charged with involuntary deviate sexual intercourse or rape, you can expect to face a second- or first-degree felony. A second-degree felony conviction for a sex crime can result in up to 10 years in prison, a $25,000 fine, and registration as a sex offender. For a first-degree felony, you can be sentenced to up to 20 years in prison, up to a $25,000 fine, and registration as a sex offender. If there is evidence that you drugged the person in order to commit rape, then you may be sentenced to an additional 10 years in prison and an additional fine up to $100,000.

Collateral Consequences of Date Rape

There are additional consequences for you as a college student. Rape accusations, even those that do not lead to a conviction, can result in your expulsion. Being kicked out of school for criminal sexual behavior disrupts your education and can make it difficult to be accepted to a new university. It may take you multiple semesters or quarters to find a new situation. Additionally, having this in your history can make difficult to obtain internships or find a job upon graduation.

You may also be civilly liable to the alleged victim. Whether or not you are convicted of a sex crime, the other individual may be able to bring a personal injury claim against you. If this case succeeds, you can be held responsible for compensating that person for their economic and noneconomic injuries. This can be a significant financial strain on a college student who may have little-to-no income.

Call a Philadelphia Sex Crimes Lawyer for Help

You should face false rape accusations head on with the help of Philadelphia criminal defense lawyer Michael Fienman. With extensive experience and an aggressive approach to every case, attorney Fienman is highly-skilled in analyzing a prosecutor’s case, gathering evidence on your behalf, and building the strongest possible defense under the law. Fienman Defense is here to help prove your innocence and protect your reputation.

For more information on how we can help, contact Fienman Defense at (215) 839-9529 or by using our online contact form to schedule a free and confidential consultation.