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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34719
Experience:  16 yrs. of trial experience
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THE CHARGE INVOLUNTARY DIEVIENT SEXUAL

Resolved Question:

THE CHARGE "INVOLUNTARY DIEVIENT SEXUAL INTERCOURSE" WHAT TYPE OF A SENTANCE DOES THIS CARRY? CAN A PERSON BE EASILY CONVICTED OF THIS JUST ON SOMEONE''S COMPLAINT?
Submitted: 9 years ago.
Category: Legal
Expert:  P. Simmons replied 9 years ago.
Can you tell me which state is charging, or is it the feds?

Customer: replied 9 years ago.
HE WAS CHARGED IN PENNSYLVANIA. THE GIRL TOLD HER MOTHER THAT SHE PERFORMED ORAL SEX ON HIM BECAUSE SHE WAS AFRAID NOT TO WHEN HE ASK. I NOW THE BOY QUITE WELL AND I CANNOT BELEIVE THIS WOULD EVER HAPPEN. HE ATIMENTLY DENIES IT EVER HAPPENED. WOULDN'T THEY NEED DNA TO PROVE A CHARGE THAT SERIOUS.
Expert:  P. Simmons replied 9 years ago.
Thank you for the information.

I pasted the statute below and have my comments following
§ 3123. Involuntary deviate sexual intercourse
(a) Offense defined.--A person commits a felony of the first degree when he or she
engages in deviate sexual intercourse with a complainant:
1. by forcible compulsion;
2. by threat of forcible compulsion that would prevent resistance by a person of
reasonable resolution;
3. who is unconscious or where the person knows that the complainant is unaware that
the sexual intercourse is occurring;
4. where the person has substantially impaired the complainant's power to appraise or
control his or her conduct by administering or employing, without the knowledge of the
complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
5. who suffers from a mental disability which renders him or her incapable of consent;
6. who is less than 13 years of age; or
7. who is less than 16 years of age and the person is four or more years older than the
complainant and the complainant and person are not married to each other.
(b) Definition.--As used in this section, the term "forcible compulsion" includes, but is not
limited to, compulsion resulting in another person's death, whether the death occurred
before, during or after the sexual intercourse.




This is a serious charge. It is a class 1 Felony. If convicted PA has a MINIMUM sentence of at least 5 years.

Now, what he is charged is not necessarily wha he will be found guilty of. Is a conviction easy...that depends on the evidence...it is not required that DNA evidence be shown, but that certainly would help.

If the facts are as you say...that he asked and she agreed because she did not want to say no...that is NOT the charge above.

The age of consent in PA is 16...so if they had sexual relations, the boy may still be charged, but it will not likley be as serious.

You need to be talking to a GOOD criminal defense lawyer...someone who has experience in these matters and is not afraid of the courtroom.

If you have more questions please ask else please hit the green button




P. Simmons and 5 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
He cannot afford an attorney & will be seeking a court appointed lawyer. Will that be a bad thing?
Expert:  P. Simmons replied 9 years ago.
Well, that is better than nothing.

As I said, this is a very serious charge and he wants the best attorney he can get. If he can not beg or borrow the money, he is stuck with what he has...but if he can, I recommend to get an experienced attorney to assist.