Legal Question in Criminal Law in Pennsylvania

Statutory rape laws in Pennsylvania

My 17 year old son was accused of having sex with a 14 year old girl. Would this be considered a felony?


Asked on 1/12/09, 6:39 pm

3 Answers from Attorneys

Re: Statutory rape laws in Pennsylvania

This is not statutory rape (statutory sexual assault). The statute can be found at Title 18 Section 3122.1 which states in relevant part, "a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older that the complainant."

As long as the 14 year old girl admits that she voluntarily consented to sex with your son, then he is not properly charged with any sort of felony. Inf act, I do not believe that any criminal charge can be made out.

If the allegation is that the sex was NOT voluntary, then there are certainly several felony charges that are appropriate, including rape, sexual assault, and aggravated indecent assault.

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Answered on 1/12/09, 7:02 pm
Robert Johnston Law Offices of Robert J. Johnston

Re: Statutory rape laws in Pennsylvania

Your heading says this pertains to the laws of Pennsylvania. But you posted your question for a South Carolina. If this is a Pannsylvania legal matter, then you should ask an attorney from that state.

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Answered on 1/12/09, 7:03 pm
Michael Berman Law Offices of Michael A. Berman

Re: Statutory rape laws in Pennsylvania

When you sya "accused", was he accused by the police???

If so, it is highly likely there will be a pending felony charge of some kind. But remember, a person is considered innocent until proven guilty beyond a reasonable doubt. And that is where a good lawyer comes in...

Feel free to write back with any details and other questions. My direct e-mail is [email protected]

Mike

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Answered on 1/13/09, 7:28 am


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