x

Most terms for criminal charges are part of our everyday language.  For instance, anyone would be able to loosely define offenses such as assault, theft, murder, or rape.  Other crimes, like involuntary deviate sexual intercourse (IDSI), are less familiar.  If you or someone you love has been arrested for IDSI in Pennsylvania, it’s important that you understand exactly what the allegations involve.  In this article, we’ll explain what involuntary deviate sexual intercourse is and the legal differences distinguishing IDSI from similar sex crimes.

To a person who has never heard the phrase before, the term “involuntary deviate sexual intercourse” sounds like it could be a synonym for rape.  While these two offenses are both felony sex crimes which share several similarities, there are also important nuances which distinguish them from one another.  Being charged with IDSI is not the same as being charged with rape (and vice versa).  The better a defendant understands what he or she is being accused of committing, the more prepared the defendant will be for court hearings.  

Rape is defined at 18 Pa. Cons. Stat. § 3121(a), which states that a person commits rape when the defendant has sexual intercourse and either:

Involuntary sexual deviate intercourse is described almost identically at 18 Pa. Cons. Stat. § 3123(a), with the added condition that IDSI may also be charged when all three of the following statements are true: (1) the victim is 15 years old or younger, (2) the defendant is at least four years older, and (3) the victim and defendant are not married to each other.

The key to understanding the difference lies in the wording which begins each definition.  Let’s compare the statutes directly, side by side:

Deviate sexual intercourse, the key prerequisite for charging IDSI as opposed to rape, is defined at 18 Pa. Cons. Stat. § 3101 as:

The second two descriptions are straightforward.  “Per os” in the first description refers to the mouth, meaning IDSI generally refers to rape involving oral or anal penetration.  Rape is typically charged in instances involving vaginal penetration.

sex crimes in pennsylvania

As you might have noticed from the definitions supplied above, both rape and IDSI are charged as first degree felonies, placing them among the most serious crimes a defendant can ever be charged with.  In Pennsylvania, first degree felonies are normally subject to up to 20 years in prison and $25,000 in fines.  However, under 18 Pa. Cons. Stat. § 3121(b), certain individuals who plead guilty to or are convicted of rape may be sentenced to an additional 10 years (for a total sentence of 30 years) and an additional fine of up to $100,000 (for a total fine of $125,000).  

These additional penalties apply in cases where the defendant used any chemical substance (e.g. drugs, alcohol), without the victim’s knowledge, to “prevent resistance,” “induce memory loss,” and/or “substantially impair the complainant’s [victim’s] power to appraise or control his or her conduct.”  In other words, defendants who somehow impair their victims with substances are subject to extra penalties.

Furthermore, both rape and IDSI charges carry enhanced penalties when the victim is a child (defined as anyone 12 years old or younger), or when the defendant inflicts “serious bodily injury” upon the victim.  “Serious bodily injury” is a specific legal term and is more serious than “bodily injury,” because it denotes permanent, long-term, and potentially lethal injuries.  Depending on the circumstances of the alleged crime, defendants may be facing a life sentence without the possibility of parole (early release from prison).

If you were charged with IDSI in Philadelphia or elsewhere in Pennsylvania, it is absolutely critical that you contact a criminal defense lawyer immediately.  You face extremely harsh fines and long prison terms, to say nothing of the mandatory sex offender registration requirements you will be burdened with if you are convicted.  To set up a free, completely confidential legal consultation with our sex crimes lawyers, call the law offices of Krasner & Long at (215) 882-9752 today.  We will keep your information private.

Get Help Right Now

Call For a Free Consultation

Law Offices of Lloyd Long
1845 Walnut St
Floor 25 #525
Philadelphia, PA 19107

Get Directions

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2017. All Rights Reserved.

Design + Marketing by