Pennsylvania Sexual Assault Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed June 04, 2025

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Pennsylvania defines the crime of sexual assault as having sexual intercourse or deviate sexual intercourse with someone against their will. A person can be guilty of statutory sexual assault if the victim is under 16 years of age, the defendant is more than four years older than the victim, and they were not married to each other at the time of the offense.

Pennsylvania also has a separate charge titled "indecent assault." Indecent assault is similar to sexual assault. It involves indecent contact with the victim, including the victim's contact with the defendant's seminal fluid, urine, or feces, to arouse sexual desire.

Additional details of Pennsylvania's sexual assault laws are provided in the table below. For more information about crimes in the state, FindLaw's Pennsylvania Criminal Laws section has you covered.

Pennsylvania Sexual Assault Statutes

Statutory Definition of Sexual Assault in Pennsylvania

You may be guilty of a felony of the second degree if you have sexual intercourse with someone without their consent.  

Statutory Definition of Indecent Assault in Pennsylvania

You'll be guilty of indecent assault if you make indecent contact with someone or force them to make indecent contact with you. You can also be guilty of this crime if you make your victim come into contact with seminal fluid, urine, or feces to arouse sexual desire and:

  • The defendant does so without the complainant's consent
  • The offender does so by forcible compulsion or a threat of serious bodily injury
  • The defendant threatens the victim and a reasonable person would interpret the threat as real and imminent
  • The complainant is unconscious or the defendant knows they are not aware of the indecent contact
  • The offender substantially impairs the complainant's ability to stop the action by using drugs, intoxicants, or other means
  • The victim has a mental disability, which makes it impossible for them to consent
  • The victim is less than 13 years of age
  • The victim is under 16, and the defendant is at least four years older than the complainant

This crime is a first-degree or second-degree misdemeanor in Pennsylvania.

Possible Defenses Against Pennsylvania Sexual Assault Charges

There are several potential defenses to rape and sexual assault charges. In criminal cases involving rape charges or other dangerous sex crimes, the burden of proof is on the prosecution to prove guilt beyond a reasonable doubt. If you claim involuntary intoxication or insanity as a defense, the burden will be on you to prove your defense by a preponderance of the evidence.

Some of the defenses available to you under Pennsylvania law include:

  • Consent
  • Mistaken Identity
  • Age (in the case of statutory rape)
  • Involuntary Intoxication
  • Insanity

Previously. there was a marital exemption. The law no longer distinguishes between married and unmarried persons for sexual assault crimes.

Penalties and Sentences

If the state finds you guilty of rape charges, you'll face up to 20 years in prison. You may also have to pay a fine of up to $25,000.

Pennsylvania law classifies sexual assault as a second-degree felony. If you're guilty of this crime, you'll face up to 10 years in prison and hefty fines.

If you’re guilty of indecent assault, the charge will be a first- or second-degree misdemeanor. This depends on the specific nature of the offense. Even though these are misdemeanor crimes, a conviction can still result in up to five years in prison. A second or subsequent offense is a third-degree felony. If the state finds you guilty of a subsequent offense, you can expect a prison sentence of up to seven years.

Registering as a Sexual Offender

Anybody guilty of rape, sexual assault, or another crime involving sexual violence must register as a sex offender. Depending on the severity of your crime, the Commonwealth of Pennsylvania may require you to register for the rest of your life.

Once you’re on the sex offender registry, your neighbors and coworkers can see that the state found you guilty of sexual assault, rape of a child, or whatever crime you committed. Even if the charges were for something less severe, such as indecent exposure, it could jeopardize your reputation and standing in the community.

Pennsylvania Criminal Laws Related Resources:

Facing Criminal Charges in Pennsylvania? Get Professional Legal Help With Your Sexual Assault Case

If law enforcement has arrested you for a sex crime in Pennsylvania, consulting a criminal defense attorney is in your best interests. Under Pennsylvania law, sexual offenses carry some of the harshest penalties. A guilty plea or conviction can have lasting effects on your life, including your ability to get a job.

A Pennsylvania sex crimes attorney will work hard to get an acquittal or, worst case, negotiate a favorable plea bargain. They’ll also help protect your rights and ensure the prosecutor treats you fairly under state law.

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