For a prosecutor to charge you with rape, certain circumstances must exist. A prosecutor must prove the sexual intercourse was non-consensual and an additional element, such as force, threats, or that the victim was unconscious, involuntarily impaired, or mentally disabled.
Without one of the five specific circumstances outlined in PA Cons Stat §3121, a prosecutor cannot charge you with rape. However, if your accuser claims the sexual intercourse was not consensual, a prosecutor can still pursue sexual assault charges against you.
Additionally, rape in Pennsylvania focuses on sexual intercourse only. It does not include penetration by an object like the sexual assault statute. Therefore, if the accuser claims you penetrated their anus or genitals with an object without their consent, a prosecutor would charge you with sexual assault instead of rape.
When someone accuses you of performing non-consensual sex, call a sexual assault attorney right away. What may have started as rape allegations may be negotiated to a lesser sexual assault charge, depending on the circumstances.