You are not only at risk of a lengthy prison sentence. You also face being labeled as a sex offender. It is defineltey not a situation you should try to handle alone. Don’t make a statement without a lawyer and never cooperate thinking it will make things easier. In most cases, you’ll only hurt yourself. Instead, retain an experienced Philadelphia sex crimes attorney immediately.
A dedicated attorney is your best option to deal with IDSI allegations quickly, clear up misunderstandings, and hopefully get the case dismissed before you spend decades behind bars or end up on the sex offender registry. If your case does move forward, having a lawyer helps ensure you get the best defense and result possible. It may be the difference in proving your innocence.
With a history of success in cases like yours , reach out to attorney Mike Fienman at (215) 839-9529 for a free and confidential consult. We will review the detail, discuss your options, and explain what comes next.
What You Need To Know About Involuntary Deviate Sexual Intercourse
In Pennsylvania, IDSI is defined as engaging in deviate sexual intercourse by forcible compulsion.
IDSI differs from rape because is covers more sex acts, such as penetration with foreign objects or sex with an animal.
Under Pennsylvania law, it is IDSI if:
- The other person is reverted from resisting, by force or threat of force.
- A person is unconscious or unaware that the sexual intercourse is occurring.
- Someone is given drugs or alcohol so IDSI can occur without that person resisting.
- IDSI occurs with a person with a mental disability that makes them incapable of consent.
- IDSI occurs with someone under the age of 16 or four or more years younger.
Penalties for ISDI Charges
IDSI is a felony of the first degree. The most serious of sec crime charges, it is punishable by up to 20 years in prison.
You can also be sentenced to an additional 10 years in prison if you give someone a date rape drug, such as GHB.
Involuntary Deviate Sexual Intercourse With A Child
- It is a felony of the first degree to have deviate sexual intercourse with a child under than 13.
- If the sex act injured a child, you will receive punishment that is even more severe.
An individual who has IDSI with a child can draw a prison term of up to 40 years.
IDSI Allegations
It is possible that someone will accuse you of IDSI out of spite, anger or misunderstanding. This kind of accusation may not be enough to get you convicted of IDSI, but it can still result in arrest and charges being filed against you. This is aside from the embarrassment and stigma you will experience.
Often drugs or alcohol are involved in sex crimes. This means you are charged with IDSI when you legitimately thought sex was consensual, but alleged victim states they were too impaired to consent.
Proving that sex was consensual is challenging and delicate, but by working with a lawyer early on you can ensure evidence comes to light and any available witnesses in your favor get the chance to speak. An attorney can also collect text or phone messages that suggest the nature of your relationship, challenge medical evidence if an ijury is reported, and essentially build an argument that supports your claims.
What To Do If You Are Charged with IDSI
If you are charged with IDSI, do not anger the arresting officer unnecessarily or make statements out of frustration. This can complicate your situation or make them take a more aggressive position towards your case. You want the investigators to be as dispassionate as possible, but here are some things to keep in mind:
You will probably be held in jail overnight. At this stage, do not discuss what happened with the police or assert your innocence.
- As with most criminal charges, do not talk to the police or prosecutors without your attorney. What you say can be taken out of context and used against you.
- The police will not keep any information you give them confidential. They will tell the alleged victim what you said and your words may be used against you in court.
- If the police question you, tell them you want a lawyer and politely refuse to answer questions.
What Your Defense Lawyer Can Do
Your attorney will carefully review every aspect of your case to determine if there is evidence for all you have been accused of.
- If it is a you-said/they-said situation, where the only evidence against you is an accusation, you will be in a stronger position.
- Your attorney will investigate very closely to see if there is any evidence other than the claimant’s story to prove their claims.
- Your lawyer will make every effort to discredit any evidence. They will find and note any contradictions, and point out any parts of the claimant’s accusations that are impossible to have happened.
Your lawyer will be looking at every avenue that can help build you defense. Therefore, it’s important to give them all of the information that can support your case.
Fienman Defense is Ready to Help
When you are up against an IDSI charge, even before your first hearing you will be facing both a determined prosecutor and community outrage. You need an attorney who will stand by you, work hard to discredit any evidence, and help determine your best course of action.
By analyzing the evidence and, more importantly, knowing when to challenge witnesses, medical reports, and false claims, you can point out weaknesses early and potentially avoid formal charges. This evidence will also be critical to any preliminary hearings where attorney Fienman will fight to limit what can be used against you. If the case does progress, we will negotiate to find the best possible outcome and aggressively fight to clear your name.
Pennsylvania IDSI Law
IDSI is defined under The Pennsylvania Criminal Code under Title 18, Chapter 31. Read the code here.
Questions? Contact us today.
Based on the evidence, Fienman Defense will try to show that your charges should be dismissed. If it’s in your best interest, we will negotiate a lesser sentence. Should the case go to trial, we will present the strongest defense possible.