Institutional sexual assault happens when someone in a position of authority engages in sexual misconduct with a person under their care or supervision. This is a serious crime due to the inherent power imbalances involved—and it can be easy to run afoul of the law, even if you didn’t set out to intentionally harm anyone.
If you’ve been accused of institutional sexual assault in PA, you need aggressive and experienced legal representation to protect your rights. The Zeiger Firm offers the knowledge and courtroom experience necessary to guide you through the legal process and fight to keep your record clean. Contact us today to discuss your case and start developing your defense strategy.
Overview of Institutional Sexual Assault Charges in Pennsylvania
So, what is institutional sexual assault? This form of sexual assault occurs when someone in a position of authority engages in sexual conduct with a person under their supervision or care. These situations involve a breach of trust and pose a potential risk of harm to vulnerable populations. Cases often arise from schools, correctional facilities, hospitals, residential programs, or other structured institutions where one person has power over another. Prosecutors often prioritize these cases because the alleged victim relies on the accused for safety, education, or care.
Charges may include sexual intercourse, but not always. Sexual contact and other sexual acts are also governed by Pennsylvania law. In addition to criminal investigations and charges, institutions may conduct their own internal reviews, which can affect the accused’s employment or professional licensing.
A criminal defense lawyer can help you understand the charges and develop a defense tailored to your unique situation. The earlier you get an attorney, the better.
The Role of a Criminal Defense Lawyer
Working with an experienced criminal defense attorney is crucial whenever you’re facing criminal charges, and especially when you’re dealing with sensitive allegations like institutional sexual abuse or assault. You need someone who understands Pennsylvania law and institutional policies as well as how prosecutors build cases. Your lawyer can:
- Review evidence like witness statements, communications, surveillance footage, and institutional records
- Identify inconsistencies or contradictions in the prosecution’s case
- Challenge improper or unconstitutional investigative tactics, including unlawful searches or coerced statements
- Conduct independent interviews and gather supporting evidence to dispute allegations
- Negotiate with prosecutors for reduced charges, alternative resolutions, or dismissal
- Represent you in pre-trial hearings, motions, trials, and appeals
- Build a strong defense strategy based on the particulars of your case
The Zeiger Firm provides aggressive and experienced representation to anyone accused of committing institutional sexual assault. Our early guidance allows us to intervene before critical decisions are made that could affect your freedom, career, and reputation.
Legal Definition and Applicable Statutes
Institutional sexual assault is defined in Pennsylvania law under 18 Pa. C.S. § 3124.2. The law makes it a crime for anyone in an institutional role (position of power) to engage in sexual activity with a person under their supervision. People under institutional supervision are legally incapable of consenting due to age, mental or physical incapacity, or reliance on the authority of the offender.
Sexual activity in institutional settings is treated seriously because the accused exploits their position of trust or authority. These cases are felonies. Convictions carry significant prison sentences and potential sex offender registration under Megan’s Law.
The law applies to anyone who holds authority over another person within an institution. Common examples include:
- Teachers, school administrators, and coaches
- Correctional officers, probation officers, and detention staff
- Healthcare professionals, including doctors, nurses, and therapists
- Counselors, residential care staff, and program supervisors
- A person employed by an entity providing contract services to any state or county agency
In short, anyone in a position of trust, supervision, or authority over a vulnerable person can be charged if sexual misconduct occurs. The law also defines an “institution” broadly. It includes any organized setting where someone exercises authority over another.
For instance, it can involve any of the following:
- The Department of Corrections
- County correctional authority
- Youth development center
- Youth forestry camp
- State or county juvenile detention facility
- Other licensed residential facility serving children and youth
- Mental health facility
- Public and private school, classroom, or after-school program
- Hospital, clinic, or long-term care facility
- Group home or shelter
Penalties and Consequences
Convictions for institutional sexual assault are felonies in Pennsylvania, and penalties are severe. If an individual engages in sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, or another person they supervise, it is considered a third-degree felony. Consequences can include:
- Up to seven years in prison, which can vary depending on the victim’s age, specific sexual conduct, and prior criminal history
- Registration as a sex offender under Megan’s Law, which affects housing, employment, and community access
- Loss of professional licenses or credentials, such as teaching certificates, medical licenses, or law enforcement certification
- Civil lawsuits or institutional disciplinary actions, including termination from employment
- Immigration consequences (for non-citizens)
Courts and prosecutors know these cases disproportionately affect vulnerable populations. However, convictions can be life-altering. Immediate, skilled legal representation from The Zeiger Firm can make all the difference.
Common Defenses
Defense strategies in institutional sexual assault and involuntary deviate sexual intercourse cases depend on the facts and evidence. It’s important to note that consent is not a defense, since victims are legally incapable of consenting to sexual conduct in these situations. Common defenses include:
- False accusations or mistaken identity: Misunderstandings or misidentifications can lead to false allegations. The complainant may have ulterior motives to make false allegations. Your lawyer can investigate and present evidence that casts doubt on whether the prosecution’s narrative is accurate.
- Insufficient or unreliable evidence: Prosecutors often rely on witness statements, emails, and institutional reports to build their cases, but this evidence doesn’t always tell the full story. Your lawyer can question the evidence and argue against its admissibility in court.
- Constitutional violations: Law enforcement must follow strict rules during investigations. Illegal searches, coerced statements, and other procedural violations are often grounds to suppress key evidence.
Your defense will depend on your unique case. The Zeiger Firm independently investigates to identify weaknesses in the prosecution’s claim and develop a strategy that maximizes your chances of a favorable outcome.
Contact An Experienced Attorney for Institutional Sexual Assault Charges
The Zeiger Firm provides aggressive and experienced representation for clients accused of institutional sexual assault. If you’re facing charges for PA institutional sexual assault, don’t leave your defense to chance. The sooner you call, the faster we can step in to protect your rights and begin building a comprehensive defense strategy. Whether your case is resolved through charge reduction, dismissal, acquittal, or another reasonable resolution, we’ll fight hard for the best results possible. Contact The Zeiger Firm immediately for a free and confidential consultation.
