Erie Rape Lawyer

Erie Rape Attorney

Being accused of rape is a serious situation. The potential damage that can be done to your life is considerable. If you don’t react quickly and take control of the situation, you could potentially lose everything. Sometimes, the accusation alone can be enough to cause irreparable harm to your reputation. Fighting these charges can be difficult, but an experienced Erie rape lawyer can develop an effective and compelling defense for you.

The legal team at The Levenson Law Firm understands how complicated a rape charge can become. It is not uncommon for your friends, family, neighbors, and coworkers to immediately judge you before hearing your side of the story. There may be very little you can do in the court of public opinion. That is why it is vital to hire a lawyer to represent you during this trying time. Having the right person in your corner can make all the difference to your case.

What Is Rape in Pennsylvania?

According to Pennsylvania state law, a person is considered guilty of rape if they engage in unwanted sexual intercourse with another person against their will and without their consent. The primary elements of that definition include sexual intercourse, which can be vaginal, anal, or oral. However, to be considered rape under state law, there must be some form of penetration.

The other important element is the lack of consent. Having sex with someone against their will involves certain conduct, such as forcibly preventing the other person from resisting, drugging someone so they cannot resist, having sex with someone who is mentally unable to give consent, or having sex with anyone under the age of 16 if the defendant is four years older than the victim.

Rape is always considered a first-degree felony in Pennsylvania and will almost always result in significant prison time, hefty fines, and a lifetime registration on the National Sex Offender Registry. Additionally, you will have a criminal record that will follow you for life and make it difficult to impossible for you to apply for housing, seek job opportunities, and have a social life.

According to a 2024 report by the United States Sentencing Commission, crimes of sexual abuse accounted for 3.2% of all crimes sentenced in Pennsylvania that year. This is a bit higher than the national rate of sex abuse crimes.

Dealing with an Arrest

After you have been formally charged with rape, you will be arrested. While getting arrested can feel like you have already lost, this is generally the real beginning of your case. You should always keep in mind that you are innocent until proven guilty, regardless of the crime you are charged with. You have your constitutional rights, and you should keep these in mind during an arrest.

When you are arrested for rape in Erie, PA, law enforcement will most likely transfer you to the Erie County Prison for processing. They will take your personal information, fingerprints, and photographs, and detain you until your arraignment.

You will want to exercise your constitutional right to remain silent and your right to retain legal counsel. The police may not have as much evidence against you as they claim. They may try to intimidate you into incriminating yourself. You never have to speak to the police if you don’t want to. Simply request your lawyer. Once they arrive, have them do all the talking on your behalf. Then, you and your lawyer can start working on your defense strategy.

FAQs

Q: What Is the Romeo and Juliet Law in Pennsylvania?

A: The Romeo and Juliet Law in Pennsylvania is an exception to certain cases of rape and sexual assault, specifically instances of statutory rape. This law protects some close-in-age potential perpetrators. Under the law, if a person is older than 13 but younger than 16, and their sexual partner is less than four years older, the law may prevent criminal charges from being brought against the older partner.

Q: Do I Need a Lawyer for a Rape Charge?

A: Yes, you absolutely need to hire a lawyer for a rape charge. Being charged with rape can be enough to totally derail your life. You need to do whatever you can to get ahead of your case, build a strong defense, and stand up for yourself. An experienced Erie rape lawyer can help you by crafting a compelling defense, negotiate deals, and represent you in court. If a conviction is unavoidable, we can seek less severe sentencing for your case and help you follow the conditions and terms.

Q: Is It Worth Defending Myself Publicly?

A: That depends. Your lawyer may advise you to stay quiet until the time is right. If you start declaring your innocence immediately, it can look reactive and may not help you at all. It is vital to your case that you listen to your lawyer’s advice and do everything the right way at the right time. The time to fight for your freedom will come.

Q: Does the Victim of Assault Have to Go to Court?

A: If the victim of assault is summoned to testify via a subpoena, they are required to go to court. The victim’s testimony is often a vital part of the prosecution’s case. Without it, it can be harder to persuade the jury against you. Victims have the right to be present and face their alleged abuser, but they can often do so voluntarily. They are only required to appear if there is a court order.

Reach Out to a Rape Defense Lawyer Today

Battling rape charges can be difficult, painful, and complicated all at once. You may not know what your next move is, and you may be afraid of whatever is coming next. An experienced lawyer can help alleviate your fears and build you a strong, reliable defense.

The legal team at The Levenson Law Firm understands how high the stakes are for you in a rape case. We can help you figure out what steps to take next and ensure that you are given every opportunity to defend yourself. We are dedicated to building an effective case, gathering compelling evidence, and protecting your interests. Contact us to speak to a member of our team about how we can help.