A sexual assault occurs when a criminal suspect penetrates the victim's genitals with his or her fingers or the criminal suspect touches the victim's private area for the purpose of sexual arousal. In Pennsylvania, sexual assault can be categorized as an Aggravated indecent assault or Indecent assault. Aggravated indecent assault is the more serious of the two offenses and involves penetration of the genitals. Aggravated indecent assault is a felony. Indecent assault is a misdemeanor. It involves an unlawful touching of the victim for the purpose of sexual arousal.Aggravated Indecent Assault
Aggravated indecent assault typically occurs when a person penetrates the victim's genitals or anus with a part of the person's body without the victim's consent or the person does so by forcible compulsion. An Aggravated indecent assault typically occurs when the criminal suspect uses his fingers upon the victim. Aggravated indecent assault also mirrors the Involuntary Deviate Sexual Intercourse statute and covers situations involving oral sex with the victim. The definition of Aggravated indecent assault can be found in the Pennsylvania crimes code at 18 Pa. C.S. Sec. 3125. Aggravated indecent assault is a felony of the second degree.Indecent Assault
Indecent Assault may constitute a misdemeanor of the first or second degree depending upon the section of the statute the defendant is convicted under. Indecent assault happens when the suspect causes "indecent contact" to occur with the victim. Pursuant to 18 Pa.C.S. Sec. 3101, "indecent contact" occurs when "[a]ny touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in either person."
If you or someone you know has been charged with a form of sexual assault in Pennsylvania. Do not speak with police. Time is of the essence. Contact an attorney that has experience with these types of cases. I have experience litigating sexual assault cases on both sides of the courtroom aisle. As a former Assistant District Attorney I prosecuted perpetrators of sexual assault and I have also represented clients in sexual assault prosecutions.