Saint Francis University

PA Laws on Sexual Assault & Rape

POLICE & LEGAL INFORMATION

RAPE

DEFINITION: Rape, according to the Pennsylvania Crimes Code Title 18 (PA C.S.) Section § 3121 is:

(a) Offense define. – A person commits a felony of the first degree when he or she engages in sexual intercourse with a complainant:

(1) By forcible compulsion.

(2) By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3) Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4) Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5) Who suffers from a mental disability which renders the complainant incapable of consent.

(6) Who is less than 13 years of age.

(b) Additional penalties.-- In addition to the penalty provided for by subsection (a), a person may be sentenced to an additional term not to exceed ten years’ confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

 INDECENT ASSAULT

DEFINITION: Indecent Assault, according to the Pennsylvania Crime Code Title 18 (PA C.S.) Section §3126 is:

(a) Offense defined.–A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if:

(1) the person does so without the complainant’s consent;

(2) the person does so by forcible compulsion;

(3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;

(4) the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;

(5) the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;

(6) the complainant suffer from a mental disability which renders him or her incapable of consent;

(7) the complainant is less than 13 years of age; or

(8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

(b) Grading.–Indecent assault under subsection (a)(7) is a misdemeanor of the first degree. Otherwise, indecent assault is a misdemeanor of the second degree.

The Saint Francis University Assault Policy has been developed to ensure that consistent procedures are followed when a report of a sexual assault has been received. This procedure has been adopted to meet the medical, legal, safety and psychological needs of the victim. This procedure applies to any member of the Saint Francis University community.