A 20-year-old West Point cadet pleaded not guilty to charges of rape by forcible compulsion, rape of an unconscious person, sexual assault, aggravated indecent assault, aggravated indecent assault of an unconscious person, misdemeanor indecent assault, and indecent assault of an unconscious person at a preliminary hearing before Magisterial District Judge Mark Bruno of West Chester on September 20. A West Chester University student testified that she awoke in her bedroom to find the former member of the West Point Black Knights football team in her bed sexually assaulting her after a night of drinking on St. Patrick’s Day.
The Daily Local News reported that Judge Bruno determined that the prosecution had provided sufficient evidence for the case to proceed to Common Pleas Court on all charges. The cadet’s defense attorney asked the judge to dismiss the rape charges against his client, arguing that there was no testimony that any force was used nor was there testimony that the alleged victim was intoxicated to the point of unconsciousness at any point.
“What is present here is two 19-year-olds drinking and having sex,” the lawyer said.
During her testimony, the alleged victim stated that she had seven shots of vodka while in her house on South High Street, and later added two or three beers at a fraternity party. She said that she had to come home early that night because her friend had become too intoxicated to walk by herself, and put the friend to bed before going downstairs to put herself to bed because she was too intoxicated to stay awake.
The alleged victim testified that it was about 2 a.m. when she awoke to find the cadet naked in her room. She testified that she was also naked, although she did not take off her clothes when she went to sleep. The Local News stated that the “experience of testifying in open court clearly upset the woman,” describing the defense attorney’s cross examination as strongly suggesting the sex had been consensual.
Sex Crime Penalties in West Chester, PA
All alleged sexual offenses are taken very seriously by prosecutors, and convictions can carry steep penalties that include lengthy prison sentences and significant fines. Five of the seven charges that the West Point cadet is facing in this case are classified as felony offenses.
The possible penalties for the crimes allegedly committed in this case include:
- Rape — Pennsylvania Statute Title 18 § 3121 makes it a first-degree felony punishable by up to 40 years in prison and/or a fine of up to $100,000 for an alleged offender to engage in sexual intercourse with an alleged victim either by forcible compulsion or who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring (as is the alleged case with the West Point cadet) or certain other situations.
- Sexual Assault — Pennsylvania Statute Title 18 § 3124.1 makes it a second-degree felony punishable by up to 10 years in prison and/or a fine of up to $25,000 for an alleged offender to engage in sexual intercourse or deviate sexual intercourse with an alleged victim without the alleged victim’s consent.
- Aggravated Indecent Assault — Pennsylvania Statute Title 18 § 3125 makes it a second-degree felony punishable by up to 10 years in prison and/or a fine of up to $25,000 for an alleged offender to engage in penetration, however slight, of the genitals or anus of an alleged victim with a part of the alleged offender’s body for any purpose other than good faith medical, hygienic or law enforcement procedures if the alleged offender does so without the complainant’s consent, the alleged offender does so by forcible compulsion, the alleged offender does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, the alleged victim is unconscious or the alleged offender knows that the alleged victim is unaware that the penetration is occurring, the alleged offender has substantially impaired the alleged victim’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the alleged victim, drugs, intoxicants or other means for the purpose of preventing resistance, or certain other situations.
- Indecent Assault — Pennsylvania Statute Title 18 § 3126 makes it a second-degree misdemeanor punishable by up to two years in jail and/or a fine of up to $5,000 for an alleged offender to have indecent contact with the alleged victim, cause the alleged victim to have indecent contact with the alleged offender, or intentionally cause the alleged victim to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the alleged offender or the alleged victim and the alleged offender does so without the alleged victim’s consent. This crime becomes a first-degree misdemeanor punishable by up to five years in jail and/or a fine of up to $10,000 if the alleged offender does so by forcible compulsion, the alleged offender does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, the alleged victim is unconscious or the alleged offender knows that the alleged victim is unaware that the indecent contact is occurring, the alleged offender has substantially impaired the alleged victim’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the alleged victim, drugs, intoxicants or other means for the purpose of preventing resistance, or certain other situations.
The consequences of convictions for any one of these types of offenses are clearly quite severe, and the penalties one faces are just one reason that alleged offenders who have been arrested or even believe they might be under investigation for sex crimes need to seek experienced legal representation as soon as possible. If you are facing criminal charges relating to any kind of sexual offense, contact a West Chester criminal defense lawyer to get a free review of your case so you can understand all of your legal options.