Philadelphia Sex Crimes Lawyer

Our Philadelphia Sex Crimes Lawyes Defend You Against Serious Charges

When people think of sex crimes, they mostly think of rape. But in Pennsylvania, you could get charged with a sex crime for a wide range of conduct, such as drunkenly skinny-dipping in a hotel pool, inappropriately touching a coworker, or texting lewd pictures to a minor. If confronted by the authorities about your alleged sexual misconduct, you should exercise your right to remain silent and call a lawyer immediately.

If you or a loved one has been charged with a sex crime, it is crucial to hire a skilled Philadelphia criminal defense lawyer to help you fight these charges and avoid the harsh penalties associated with a conviction. With considerable experience in sex offense cases in Philadelphia, New Jersey, and the surrounding areas, call Fienaman Defense for a free and confidential case evaluation. We’ll review what happened, the allegations, and your options.

Sex Offenses in Pennsylvania

Pennsylvania law covers a wide range of sex offenses, each with specific legal definitions and severe consequences. Here are some of the most common sex crimes and their corresponding Pennsylvania code sections:

Rape (18 Pa.C.S. § 3121): Non-consensual sexual intercourse with another person, including cases where the victim is unconscious, mentally incapacitated, or under threat of force.
Involuntary Deviate Sexual Intercourse (IDSI) (18 Pa.C.S. § 3123): Engaging in oral or anal sex with someone without their consent or with someone who is unable to consent due to age, mental disability, or intoxication.
Sexual Assault (18 Pa.C.S. § 3124.1): Non-consensual sexual contact that does not meet the criteria for rape but still involves significant violations of the victim’s autonomy and body.
Statutory Sexual Assault (18 Pa.C.S. § 3122.1): Engaging in sexual intercourse with a minor under the age of 16, where the defendant is four or more years older than the minor.
Aggravated Indecent Assault (18 Pa.C.S. § 3125): Indecent contact with a victim, especially when it involves force, threats, or when the victim is unconscious or unable to consent due to age or mental incapacity.
Indecent Assault (18 Pa.C.S. § 3126): Engaging in unwanted sexual contact without penetration, often involving touching or groping.
Indecent Exposure (18 Pa.C.S. § 3127): Exposing one’s genitals in public or to a minor with the intent to arouse or gratify sexual desire.
Child Pornography (18 Pa.C.S. § 6312): The possession, distribution, or production of explicit images or videos involving minors.
Unlawful Contact with a Minor (18 Pa.C.S. § 6318): Engaging in inappropriate communication with a minor, often involving grooming behaviors or attempting to lure the minor into sexual acts.
Sexual Exploitation of Children (18 Pa.C.S. § 6320): Exploiting minors for sexual acts or performances for commercial gain or personal gratification.
Sex Trafficking (18 Pa.C.S. § 3011): The recruitment, transportation, or harboring of individuals for the purpose of commercial sexual exploitation.
Obscene Materials and Performances (18 Pa.C.S. § 5903): The production, distribution, or display of materials deemed obscene, including those that depict sexual acts involving minors.
Incest (18 Pa.C.S. § 4302) Under PA law, incest is a criminal offense and is considered a serious felony, especially when minors are involved. In addition to criminal penalties, incestuous relationships are strictly prohibited under Pennsylvania marriage laws, which invalidate any marriage or legal union between close relatives. Those convicted of incest face severe consequences, including imprisonment, fines, and the social stigma associated with this offense. Legal defenses in incest cases often involve challenging the evidence or disputing the familial relationship as defined by law.
Failure to Register as a Sex Offender (42 Pa.C.S. § 9799.14): Under Pennsylvania law, individuals convicted of certain sex crimes are required to register as sex offenders under Megan’s Law. Failure to register or update information, such as a change of address, employment, or travel plans, is itself a criminal offense and can result in additional felony charges. The penalties for failing to register include extended prison sentences, increased registration periods, and additional fines. Compliance with registration requirements is crucial, and even unintentional failures to comply can lead to severe legal consequences. An experienced attorney can help navigate the complexities of these requirements and defend against failure to register charges.

Registering as a Sex Offender In Pennsylvania

After you’ve served your time and paid your legal fees and any criminal fines, you’ll probably need to register as sex offender. Failure to register as a sex offender will result in harsh consequences. Information about you and your conviction will be public information, available immediately to anyone with an Internet connection. Specifically, you will be required to register as a sex offender if you get convicted of one or more of the following offenses:

Rape
Sex trafficking
Involuntary deviate sexual intercourse
Aggravated indecent assault
Indecent assault on a child younger than 13
Promotion of prostitution with victims that are minors
Unlawful contact with a minor
Unlawful communication with a minor
Sexual exploitation of a child
Kidnapping of a child

Your registration must include information about the crime you committed, a sample of your DNA, your hand prints, your home address, your workplace, and a photograph. You must report to the local authorities four times per year to update this information, and give advance notice of any international travel plans. If you fail to comply with the registration requirements, you could get charged with a felony involving a five-year prison sentence.

Because of how easy it is to access the information contained on the sex offender’s list, sex offenders find it extremely difficult to find a job or a place to live. Even those who are not required to register on the sex offender’s list may still face difficulties in finding a job or obtaining a professional license because of the sex crimes conviction visible on their permanent criminal record.

How We Fight Philadelphia Sex Crime Charges

There is such a stigma attached to sex offenders that sex crime suspects face an uphill battle when facing the criminal justice system. Prosecutors are under a lot of pressure to lock away sex offenders—especially in rape or child molestation cases that may receive media attention. In such cases, even weak evidence or flimsy testimony can result in a conviction—unless you have a good Philadelphia sex crimes lawyer.

In any criminal trial, the prosecutor must prove every element of his or her case beyond a reasonable doubt. Your Philadelphia sex crimes lawyer’s job is to highlight the weaknesses in the prosecution’s evidence, testimony, and arguments to show to the jury that there is a reasonable doubt as to whether you committed the sex crime. An experienced lawyer may be able to find inconsistencies in the testimony against you or prove that the witnesses are unreliable or have a motive to lie.

In other cases, it may be possible to show that you became a suspect after a botched police investigation. In many investigations, the police rely on fluid and DNA samples, which are vulnerable to tampering or contamination. If a laboratory test shows that you committed a sex crime, it may be the case that the incriminating sample was mishandled. You need to hire a lawyer who will closely examine every aspect of the case against you to find such weaknesses.

Defenses to Sex Crime Charges in Pennsylvania

Defending against sex crime charges requires a thorough understanding of the law and a strategic approach to highlight weaknesses in the prosecution’s case. Some common defenses include:

Consent: Demonstrating that the alleged victim consented to the sexual activity can be a strong defense, especially in cases where consent is disputed. However, this defense is not applicable in cases involving minors or individuals who are incapacitated.
False Accusations: Sex crime charges can sometimes stem from false accusations made out of malice, revenge, or misunderstanding. An experienced lawyer will investigate the motives and credibility of the accuser and seek to uncover inconsistencies or motives to lie.
Mistaken Identity: In some cases, especially those involving unclear or circumstantial evidence, the defense may argue that the defendant was not the perpetrator. Eyewitness misidentification, lack of physical evidence, or alibi testimony can support this defense.
Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, circumstantial, or lacks corroboration, the defense can argue that the prosecution has not met its burden of proof.
Entrapment: This defense argues that law enforcement induced the defendant to commit a crime they otherwise would not have committed. This is particularly relevant in cases involving sting operations or undercover officers. If the defense can show that the police coerced or persuaded the defendant into committing the offense, the charges may be reduced or dismissed.
Procedural Errors: Any violations of legal procedures, such as improper collection or handling of evidence, failure to read Miranda rights, or illegal searches and seizures, can lead to evidence being excluded or charges being dismissed.

Hiring a Philadelphia Sex Crimes Lawyer

Any criminal charge should be treated seriously, but this holds especially true for sex offenses because of the harsh penalties and stigma attached to these crimes. This means that if you get arrested—or even if you suspect you are under investigation—for a sexual offense you should retain the services of a reputable and experienced criminal defense attorney as soon as possible.

The Value of Hiring a Defense Lawyer

Given the severe penalties and lifelong consequences of a sex crime conviction, having an experienced defense attorney is invaluable. A knowledgeable lawyer can:

Develop a Strong Defense Strategy: An attorney will analyze all evidence, identify weaknesses in the prosecution’s case, and develop a tailored defense strategy to fight the charges.
Negotiate Plea Bargains: In some cases, an attorney may negotiate with the prosecution for a reduced charge or lighter sentence, particularly when the evidence against the defendant is strong.
Challenge the Evidence: A defense lawyer will scrutinize all evidence for legality and reliability, seeking to suppress any unlawfully obtained evidence or highlight inconsistencies.
Provide Emotional Support and Guidance: Facing sex crime charges can be incredibly stressful. An attorney provides not only legal representation but also emotional support and guidance throughout the legal process.

Our goal is to give each and every one of our clients the best chances possible when passing through the criminal justice system. This means providing them with personal attention and aggressive advocacy to ensure that their rights are respected throughout the criminal process. If you’ve been charged with a sex crime, call us today at (215) 839-9529 for a free and confidential consultation of your case.

FAQs About Sex Offenses in Pennsylvania

Can You Be Charged with a Sex Crime for Consensual Activities?

Yes, you can be charged with a sex crime for consensual activities if the other party is unable to legally give consent, such as in cases involving minors or individuals who are intoxicated or mentally incapacitated. Statutory Sexual Assault (18 Pa.C.S. § 3122.1) is an example where even consensual sexual intercourse is illegal if one party is underage and the age difference is significant.

What is Entrapment & Can it Be a Valid Defense in Sex Crime Case?

Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. In sex crime cases, this often involves sting operations where undercover officers might pretend to be minors or interested parties. If it can be shown that law enforcement coerced or manipulated you into committing a crime, the charges could be reduced or dismissed.

How Does an Attorney Defend Against False Accusations of a Sex Crime?

Defense against false accusations often involves investigating the motives of the accuser, examining inconsistencies in their statements, and gathering evidence that contradicts their claims. A defense lawyer can also utilize expert witnesses to discredit the prosecution’s evidence or provide an alternative explanation for the alleged crime.

What Should I Do if I am Accused of a Sex Offense in Philadelphia?

If you are accused of a sex crime, it is crucial to remain silent and avoid making any statements to the authorities without a lawyer present. Contact a Philadelphia sex crimes lawyer immediately to discuss your case. Your lawyer will help protect your rights, evaluate the charges against you, and develop a strong defense strategy.

Accused of a Sex Crime in Philly? Call Fienman Defense

At Fienman Defense, we understand the gravity of sex crime charges and the profound impact they can have on your life. Our team is dedicated to providing aggressive, personalized defense to help you navigate the legal system and protect your future. Whether you are facing charges for rape, indecent assault, child pornography, or any other sex crime, we are here to help.

Contact us today at (215) 839-9529 for a free and confidential consultation to discuss your case and start building your defense.

Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.