Legal Blog

The crime of involuntary deviate sexual intercourse (IDSI) has made Pennsylvania – and national – news a number of times recently. If you are facing an involuntary deviate sexual intercourse or other sex crimes charge, call an experienced Philadelphia defense attorney at Fienman Defense at (215) 839-9529 right away.

Philadelphia residents Markley Charles and musician Charles Cohen are awaiting sentencing after being convicted of IDSI and other crimes. Charles was found guilty of forcing oral sex on an inebriated 15-year-old, and Cohen was caught making plans to meet with who he thought was a 14-year-old boy for oral sex.

While Charles and Cohen have been found guilty, there are many people charged with this crime who believed they were participating in consensual acts with another adult. For instance, actor Nate Parker was charged and found innocent of IDSI and sexual assault of a fellow student when he attended Penn State in 1999.

Being treated like a criminal when you know you’ve done nothing wrong can be horrifying. The mere allegation of a sex crime can damage a person’s reputation, family, and career when the accusation arises or even years later.

What is Involuntary Deviate Sexual Intercourse?

IDSI is a complex law that requires investigation and a strong defense. Under Pennsylvania law, a person is guilty of IDSI when he or she:

• Forces deviate sexual conduct with another
• Uses threats of force to conduct a deviate sexual act with another
• Undertakes a deviate sexual act with someone who is unconscious or unaware that sex is occurring
• Impairs a person by giving him or her alcohol or drugs to prevent resistance to a deviate sexual act
• Undertakes a deviate sexual act with someone who has mental disability that makes him or her unable to consent
• Conducts a deviate sexual act with someone between the ages of 4 and 16 years old

This crime covers additional actions outside traditional sex. The law defines deviate sexual intercourse as:

• Sexual conduct via the mouth
• Sexual conduct via the anus
• Penetration of the genitals or anus of another person with a foreign object, no matter how slight the penetration
• Any sexual intercourse with an animal.

Individuals charged with IDSI face a first-degree felony, punishable by up to 20 years in prison and a $25,000 fine. If the sex act took place with someone under the age of 13, the defendant can be imprisoned up to 40 years. If the sex act took place with a child and caused serious bodily injury, the defendant can be sentenced to life in prison.

Defending Yourself

If you have been arrested for or charged with a sex crime, you still have rights. You need to protect yourself during the investigation and defend yourself through trial. Our experienced attorneys at Fienman Defense can help you throughout the criminal justice process. We will make sure your rights are respected and work to build the best defense possible. You don’t have to face this situation alone.

Call Fienman Defense at (215) 839-9529 for help.