Involuntary Deviate Sexual Intercourse

Involuntary Deviate Sexual Intercourse Defense Attorney

Involuntary deviate sexual intercourse (IDSI) is a crime that parallels the Rape statute in Pennsylvania. IDSI criminally penalizes deviate sexual intercourse which occurs by forcible compulsion or threat of forcible compulsion. Forcible compulsion is defined the same for IDSI as it is for Rape.

Conversely, deviate sexual intercourse, as defined in the Pennsylvania Crimes Code, encompasses oral sex, anal sex, sexual intercourse with an animal and penetration of one's genitals with a foreign object. The definition of "deviate sexual intercourse" can be found at 18 Pa.C.S. Sec. 3101.

IDSI is more expansive than the Rape statute in that it covers penetration with a foreign object and sexual intercourse with an animal. The other difference between Rape and IDSI is that Rape penalizes traditional vaginal intercourse by forcible compulsion in addition to forcible anal sex and oral sex. IDSI does not penalize traditional vaginal intercourse. Therefore, Rape and IDSI a virtually identical in PA with respect to oral sex and anal sex. For instance, if a victim is sodomized by forcible compulsion, the District Attorney's Office has to make choice. It may charge the defendant with Rape or IDSI but it may NOT charge the defendant with both offenses. This would be in violation of the double jeopardy clause of the United States Constitution.

IDSI is a felony of the first degree in Pennsylvania and is one of the most serious criminal offenses in the Pennsylvania Crimes Code.

If you or someone you know has been charged with Involuntary Deviate Sexual Intercourse be sure to contact an experienced attorney. Do not wait until the police contact you. Time is of the essence. Contact former Assistant District Attorney, Jason R. Antoine for a free consultation at (610) 299-0295 or by email at jra@penn-law.com.