Created by FindLaw's team of legal writers and editors | Last reviewed March 27, 2018
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In Pennsylvania, rape is a crime where the defendant forcibly or under threat of force engages in sexual intercourse with another person. Rape can also occur if the defendant has substantially impaired the victim's ability to control his/her conduct by intoxicating the victim without his/her knowledge or if the victim has a mental disability.
Additional details of Pennsylvania's rape laws can be found in the following table.
| Statute | Pennsylvania Statutes Title 18 § 3121 |
| Statutory Definition of Felony Rape | A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:
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| Penalties | Up to 40 yrs. in prison (up to life imprisonment for rape of a child with serious bodily injury) |
If the defendant rapes a child under the age of 13, the charge is called "rape of a child" and is a separate offense from rape. It is also considered a separate offense if the defendant commits a rape of a child and the child is seriously injured. This offense is called "rape of a child with serious bodily injury."
There are a number of possible defenses to the charge of rape in Pennsylvania. Please consult an experienced sex crimes attorney to learn which ones may apply in your situation.
Rape is considered a first degree felony in Pennsylvania. A first degree felony carries a sentence of up to twenty years in prison. In addition to this term, if the defendant used any type of intoxicating drug in the commission of this offense, the sentence may be extended for an additional ten years in prison. Also, a fine of up to $100,000 may be imposed as well and mandatory sex offender registration.
Note: State laws surrounding rape and sex assault are constantly changing -- please contact a Pennsylvania sex crimes attorney or conduct your own legal research to verify the state law(s) you are researching.
If you or someone you know has been the victim of rape, there are organizations that can help you. Please consider contacting a rape crisis center or other non-profit organization for more information. Most centers provide, at a minimum, basic services to victims/survivors of sexual violence, rape and incest including:
If you are the victim of rape, make sure you get the necessary medical and emotional support after going to the police. If you have been charged with rape, you have the right to defend yourself in a court of law. An attorney can help you navigate the criminal justice system and lay out the best possible defenses. Get in touch with a Pennsylvania defense attorney today.
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