Statutory Sexual Assault

“My 17 year old son had sex with a 14 year old girl. Can he be charged with a felony? What are the statutory rape laws in Pennsylvania?”

This is not statutory rape (statutory sexual assault). The statute can be found at Title 18 Section 3122.1 which states in relevant part, “a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older that the complainant.”

As long as the 14 year old girl admits that she voluntarily consented to sex with your son, then he is not properly charged with any sort of felony. In fact, I do not believe that any criminal charge can be made out.

If the allegation is that the sex was NOT voluntary, then there are certainly several felony charges that are appropriate, including rape, sexual assault, and aggravated indecent assault.

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