Involuntary Deviate Sexual Intercourse

Contact a Pittsburgh Sex Crimes Defense Attorney Today for Help

Sex crimes -- such as rape and involuntary deviate sexual intercourse (IDSI) -- are among the most serious criminal offenses prosecuted in the state of Pennsylvania.  If you have been accused of, arrested for, or charged with IDSI, you could be exposed to penalties that include decades of imprisonment, thousands in fines and mandatory registration as a sex offender.

As criminal litigation progresses, many sex crime defendants find that their lives are thrown into disarray.  Their family, friends, colleagues and other community members may begin to make wild assumptions about their guilt.  Further, it may be a challenge to secure gainful employment and reintegrate into the community.

At McKinney Law, we have extensive experience defending those who are being prosecuted for IDSI and other sex offenses in Pennsylvania.  We understand the unique challenges associated with such litigation and how important a “win” is given the severity of the penalties.  Contact a Pittsburgh sex crimes defense attorney at our firm today to learn more about how we can help.

What is the Difference Between Rape and Involuntary Deviate Sexual Intercourse?

In Pennsylvania, rape and IDSI are quite similar offenses in that they involve the commission of sexual acts upon a victim:

  1. By forcible compulsion;
  2. By threat of forcible compulsion;
  3. Who is unconscious or unaware that sexual intercourse is occurring;
  4. Who is substantially impaired with regard to their ability to appraise or control their conduct (due to the defendant having administered -- without the victim’s knowledge -- drugs, intoxicants, or other means of preventing resistance);
  5. Who suffers from a mental disability that renders them incapable of consent; or
  6. Who is less than 16 years of age, is not married to the defendant, and is four or more years younger than the defendant.

IDSI is different than rape, however, in that it exclusively covers oral and anal penetration, as well as penetration with a foreign object and intercourse with an animal.  Vaginal penetration (without consent) falls under the rape offense, unless such penetration was accomplished through means associated with IDSI, such as oral penetration or penetration with a foreign object.

IDSI is a first-degree felony offense, punishable by up to 20 years of imprisonment, $25,000 in fines and mandatory sex offender registration.  These penalties may be further exacerbated if the defendant committed involuntary deviate sexual intercourse with a child less than 13 years of age.

If the victim was less than 13 years of age, the term of imprisonment may be increased to a maximum of 40 years.  If the victim was less than 13 years of age and suffered serious bodily injury as a result of the IDSI, the maximum term will be increased to a life sentence.

Consent is an Absolute Defense

With regard to both rape and IDSI, unless the victim is a child, consent is an absolute defense.  The liability of the defendant often turns on whether the victim actually consented to the sex acts at issue.  If the victim did consent, criminal liability may not attach.

Unfortunately, some victims make sex crime claims for unsavory reasons -- for example, a jilted lover may attempt to take “revenge” on their former partner by making unsupported accusations of rape, IDSI and other offenses.

Given how fundamentally important the lack of consent is to an IDSI conviction, a skilled Pittsburgh sex crimes defense attorney typically commits significant time and resources to investigating the victim’s claims.  If the claims are false, inconsistent, exaggerated or otherwise indicative of some ulterior motive on the part of the victim, we can use that information to undermine the credibility of the victim and put forth an effective defense.

Contact McKinney Law to Speak to an Experienced Pittsburgh Sex Crimes Defense Attorney

If you’ve been charged with a sex crime, such as IDSI, we encourage you to get in touch with a qualified attorney as soon as possible so that the evidence can be identified and evaluated, witnesses contacted and a comprehensive case strategy developed for the looming prosecution.

Contact an experienced Pittsburgh sex crimes defense attorney at McKinney Law by calling (412) 520-3301 or submitting a case evaluation form through our website.  Consultation is free, confidential and there's no-obligation.