Legal Question in Criminal Law in Pennsylvania

Involuntary deviate sexual intercourse

If a man inserts a dildo into a woman's anus while she is sleeping, would he be guilty of a crime (involuntary deviate sexual intercourse maybe) in Pennsylvania, and if so, what is the statute of limitations for this crime?


Asked on 7/08/07, 10:19 am

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Involuntary deviate sexual intercourse

Interesting question. I think the answer is yes. He would be guilty of involuntary deviate sexual intercourse.

18 Pa.C.S. � 3123 (2006)

� 3123. Involuntary deviate sexual intercourse

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

* * *

(3) who is unconscious or where the person knows that the complainant

is unaware that the sexual intercourse is occurring...."

The SOL is Twelve (12) years from the date the offense occurred.

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Answered on 7/09/07, 3:41 pm
Brian Zeiger Levin & Zeiger LLP

Re: Involuntary deviate sexual intercourse

Whether someone would be 'convicted' of a crime based on one person's description of acts alone can never be answered. However, whether probable cause exists to arrest for some crime, probably yes after some police investigation. The statute of limitations is not as specific as one would think. Please feel free to email me with greater specifics and i will be happy to answer your questions. Good Luck. [email protected] 215.825.5183. Brian.

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Answered on 7/08/07, 3:56 pm


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