Facing an accusation of rape or sexual assault places you in one of the most serious areas of Pennsylvania criminal law. These cases often begin with immediate action by detectives in Bucks County, the Montgomery County Detective Bureau, or the Pennsylvania State Police, and the early steps taken in an investigation influence how the charges develop.
Our criminal defense attorneys help you make sense of these early developments and understand what a police investigation, preliminary hearing, or felony charge may involve. From our office in Doylestown, we evaluate the accusation, review the evidence that may be used, and explain how these matters move through the courts in Bucks and Montgomery Counties. The goal is to give you a clear picture of the legal landscape so you can make informed decisions about the next steps.
When you are accused of rape in Pennsylvania, the process starts quickly and often without warning. In Bucks County, Montgomery County, and through the Pennsylvania State, investigators begin taking steps that can affect your case long before you appear in court.
An accusation may be reported to local township police, a hospital through a Sexual Assault Nurse Examiner (SANE), a college or university security office, or directly to the Pennsylvania State Police. Each of these routes immediately involves law enforcement, and the complaint is documented before any contact is made with you.
Once the complaint is received, investigators start gathering statements, obtaining digital messages, and requesting medical or forensic records. This early work happens before you are notified, which means law enforcement may already have built a timeline of events by the time you are contacted.
Most people first learn of the accusation when a detective asks to speak with them. Anything you say in those conversations is recorded or documented and may be used in support of rape charges. Speaking without legal counsel at this stage can make the situation harder to address later.
Search warrants and digital subpoenas for phones, social-media accounts, and location data are common in Bucks and Montgomery Counties. SANE exam results, DNA samples, and other forensic materials may also be analyzed before a charging decision is made.
After gathering sufficient information, detectives present the case to the Bucks or Montgomery County District Attorney’s Office. This is when prosecutors determine whether to file charges such as rape, sexual assault, indecent assault, or statutory sexual assault under Pennsylvania law, along with whether Megan’s Law registration may apply.
If charges are approved, you may be arrested or, in many cases, allowed to turn yourself in with the assistance of a defense lawyer. An arranged surrender helps you avoid a public arrest and allows the early stages of the case to move forward in a controlled and predictable way.
Anything you say may be documented and used later by the prosecution. Even ordinary or well-intended explanations can be interpreted in ways you did not expect.
Access to your devices allows investigators to review messages, photos, location data, and social-media accounts. Once shared, this information cannot be taken back.
Detectives often use voluntary interviews to gather statements that shape the direction of the case. These conversations occur before you fully understand what is being alleged.
Deleting or modifying digital content can complicate your defense and may create additional issues. Keeping records intact allows your attorney to review what may be relevant.
Early representation helps control communication with law enforcement, protects your rights, and ensures you receive clear guidance before any decisions are made. An initial consultation provides a private, confidential setting to understand what to expect next.
The charges you face depend on how the Commonwealth interprets the conduct described in the complaint, and each offense carries different elements, felony grades, and potential penalties.
Under Pennsylvania law, rape involves sexual intercourse achieved through forcible compulsion, threats that prevent resistance, or when the complainant is unconscious, impaired, or otherwise incapable of consent due to mental disability or intoxication. The statute also applies when the accused knows the complainant cannot consent. Rape is a first-degree felony and carries the most severe penalties among sexual offenses.
Sexual assault covers sexual intercourse or penetration without consent, but without the additional elements required for rape, such as forcible compulsion or the complainant’s incapacity. The Commonwealth must show that intercourse occurred without the other person’s agreement. Sexual assault is a second-degree felony and often appears as a companion charge in cases where consent is disputed.
Indecent assault involves indecent contact for sexual gratification without consent, through coercion, or when the complainant is incapable of consent due to unconsciousness, mental disability, intoxication, or the circumstances of the encounter. “Indecent contact” includes any touching of intimate parts for sexual purposes. Depending on the specific subsection, indecent assault may be charged as a misdemeanor or felony.
Statutory sexual assault applies when sexual intercourse occurs between individuals with specific age differences defined by statute. The Commonwealth does not need to prove force, coercion, or lack of consent; the offense is based solely on prohibited age gaps. Charges range from second-degree to first-degree felonies depending on the ages involved and the difference between the parties.
Pennsylvania also recognizes several related offenses that may be filed together with or instead of rape or sexual assault. Aggravated indecent assault involves penetration without consent but without sexual intercourse, and it is often charged as a first- or second-degree felony. Unlawful contact with a minor covers attempts to engage a minor in sexual acts, including digital communications. Institutional sexual assault applies when the accused holds a position of authority in certain settings, such as schools or treatment facilities.
The penalties for general impairment depend on your record of prior DUI offenses within the past ten years. Even acceptance into ARD for a prior DUI charge can count as a previous offense under Pennsylvania’s DUI laws.
Rape is a first-degree felony with a maximum sentence of up to 20 years in prison under Pennsylvania law, and in certain child or repeat-offender situations, sentencing exposure can reach 40 years or life. Many related offenses, including sexual assault, aggravated indecent assault, statutory sexual assault, and certain forms of indecent assault, also carry significant felony penalties.
A conviction for these offenses may require mandatory sex-offender registration under Megan’s Law, including Tier I, Tier II, or Tier III classification, with Tier III requiring lifetime registration. These penalties affect every part of a person’s life, from employment and housing to family relationships, and they become central to how a defense strategy is developed in Bucks and Montgomery Counties.
Rape
First-degree felony
Up to 20 years; higher terms or life possible in certain child or repeat-offender cases.
Tier III
Lifetime registration
Sexual Assault
Second-degree felony
Up to 10 years
Tier III – Lifetime registration (subject to SORNA / Megan’s Law rules and any changes in the law).
15–25 years
Aggravated Indecent Assault
First- or second-degree felony
Up to 10–20 years
Tier II or Tier III
25 years to lifetime
Statutory Sexual Assault
First- or second-degree felony
Up to 10–20 years depending on age difference
Tier II in most cases
25 years
Indecent Assault
Misdemeanor or felony depending on subsection
Up to 5 years
Tier I (if registration applies)
15 years
At Penglase & Benson, our defense strategy is shaped by decades of experience as former prosecutors and legal educators in Bucks and Montgomery Counties. We understand how the prosecution’s case is built, how detectives interpret statements and digital evidence, and what assumptions are often made in cases involving consent, capacity, or impairment.
Here is how we will defend your case when you contact us after being accused of sex crime.
We control all communication with investigators so you are not placed in situations where statements may be used to support the prosecution’s case.
Our team evaluates the timeline, obtains available records, and reviews how the allegation was reported to identify gaps or inconsistencies in the evidence.
Text messages, social-media communications, location data, and device records are examined to understand context and identify material that supports your defense
Individuals who observed interactions, communications, or events leading up to the alleged incident are contacted to gather accurate, independent accounts.
We scrutinize SANE exam findings, DNA testing, toxicology, and related forensic material to determine what the evidence shows and what it does not show.
Many cases turn on interpretations of impairment, voluntariness, or communication. We examine these issues carefully and identify where assumptions may not be supported by the facts.
When statements, searches, or digital extractions violate constitutional protections, we move to limit or exclude that evidence from the case.
If negotiation becomes part of the strategy, we seek outcomes that reduce exposure, protect your record, and limit long-term consequences while preserving your legal rights.
Should the matter proceed toward trial, we build a full evidentiary defense, consult experts when needed, and prepare you for each stage of the process.
If you have been contacted by detectives or believe an accusation is being made, speak with a defense attorney before answering any questions. Early legal guidance protects your rights, controls communication with investigators, and prevents statements or actions that may affect the direction of the case. You can contact Penglase & Benson for a confidential initial consultation so you understand your options before taking the next step.
Under Title 18 of the Pennsylvania Crimes Code, rape requires proof of sexual intercourse achieved through forcible compulsion, threats, unconsciousness, or a condition that makes the complainant incapable of consent. Sexual assault does not require force or incapacity; it is charged when the Commonwealth alleges sexual intercourse occurred without consent. Both are felony offenses, but rape carries more severe penalties, including higher felony grading.
Registration depends on the specific offense and the subsection of the statute. Under Pennsylvania’s version of Megan’s Law, rape and aggravated indecent assault are Tier III offenses, which require lifetime registration. Sexual assault is also classified as a Tier III offense, carrying lifetime registration. Statutory sexual assault can lead to Tier II or Tier III registration depending on the age difference involved, with Tier II requiring 25 years of reporting and Tier III requiring lifetime reporting. Some indecent-assault subsections require 15 years of Tier I registration, while others involving minors may trigger Tier III. The exact tier is determined by the statute of conviction and cannot be changed by judicial discretion.
Many people accused of sex offenses are investigated or charged based on disputed interactions, misunderstandings, or incomplete information. Innocence does not prevent the Commonwealth from pursuing the case, which is why early legal representation is critical. A defense attorney can gather evidence, challenge assumptions, and ensure that the full context of the incident is presented.
No. You should not speak with detectives without legal counsel present. Anything you say can be documented and used to support the prosecution’s case, even if you believe you did nothing wrong. Contact a defense lawyer before returning any calls or answering any questions.
Sex crime cases often turn on text messages, social-media communications, location data, witness accounts, medical or forensic findings, and the timeline surrounding the alleged incident. The Commonwealth may rely heavily on digital evidence and statements, while the defense focuses on context, inconsistencies, and evidence that challenges capacity, consent, or the credibility of the narrative presented.
