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Institutional Sexual Assault Safe and Protected with Powerful Representation
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Philadelphia Institutional Sexual Assault Lawyer

Institutional Sexual Assault Defense Attorney in Philadelphia, PA Protecting Due Process in Sensitive Cases Throughout Southeastern Pennsylvania

In Pennsylvania, there are a variety of categories of sexual assault, all of which have different legal consequences. The type of sexual assault offense a person is charged with depends on certain factors, including the nature of the sexual contact and the identities of the alleged victim and assailant. For instance, when the individuals involved have a special relationship, an offense can qualify as institutional sexual assault, which carries especially severe penalties. If you have been charged with sexual assault, it is critical to speak with an experienced criminal defense attorney who may be able to get your charges reduced or even dismissed.

Find Out What Your Case is Worth

We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.

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Who can be Charged With Institutional Sexual Assault?

According to state law, individuals who fill certain occupations and engage in sexual contact with a resident, patient, detainee, or inmate can be charged with institutional sexual assault. This includes employees of:

  • The Department of Corrections;
  • Juvenile detention facilities;
  • Youth forestry camps and development centers;
  • Groups homes;
  • Mental health facilities; and
  • Licensed residential facilities that serve children and youth.

This offense can be charged as a third degree felony, which is punishable by a prison sentence of up to seven years and a fine of $15,000.

Students and School Employees

The institutional sexual assault law also prohibits sexual relationships between school employees and students, regardless of the student’s age or ability to legally consent to the act. A school employee is defined as any of the following individuals:

  • Teachers;
  • Supervisors;
  • Principals;
  • Vice principals;
  • Directors of vocational education;
  • Dental hygienists;
  • School counselors;
  • Child nutrition specialists;
  • School librarians;
  • School secretaries;
  • School nurses;
  • Substitute teachers;
  • Bus drivers;
  • Janitors;
  • Cafeteria workers;
  • Teacher aides; and
  • Any other employees who supervise, provide care, or offer guidance to students.

The term also covers independent contractors who have a contract with the school to perform a service, which includes:

  • Coaches;
  • Athletic trainers; and
  • Coaches or athletic trainers hired as independent contractors by the Pennsylvania Interscholastic Athletic Association.

However, the law does not apply to any of the following individuals:

  • Students employed by the school;
  • Independent contractors who have no direct contact with students; and
  • Employees of independent contractors as long as they have no direct contact with students.

In addition to jail time and hefty fines, those who are convicted of committing institutional sexual assault are also required to register on the national sex offender registry. This can severely restrict a person’s ability to obtain employment or housing, while also causing irreparable damage to his or her reputation.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen
From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.
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Frequently Asked Questions About Institutional Sexual Assault Defense in Philadelphia, PA

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

  • Institutional sexual assault is a criminal charge that applies when a person in a position of authority engages in sexual contact with someone under their supervision or care, such as inmates, residents, detainees, patients, or students.
  • Individuals working in correctional facilities, juvenile detention centers, group homes, mental health facilities, residential youth programs, and various other state or licensed institutions can be charged if they engage in prohibited sexual conduct.
  • Yes. Teachers, administrators, coaches, contractors with direct student contact, and many other school employees can be charged, even if the student is over the age of consent.
  • Potential defenses may include challenging false accusations, lack of evidence, improper investigation, or arguing that the defendant did not have the type of supervisory or custodial relationship required under the statute.

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    "this law firm has afforded low income people of Philadelphia a relationship with an attorney that they can come and meet. To have a the intuition to give a damn about the little people, and then give them that same kind of respect and consideration is unmatched." -Melvin
    "I love that I have Mike on my side, whenever I question what am I supposed to do? I used to call my dad and after my dad passed, even for things that aren’t always law related, I know I could still call Mike, and I love that about him. He’s just amazing, and I know that if I send somebody here that they’re going to be represented a hundred percent." -Jamie
    "He represented me in multiple criminal cases, and I had a lengthy criminal record. He never judged me, and treated me like anybody else, he never looked at me different. He's a real good guy, professional, very honest. When I say I never went to another attorney...he's the best." -Tiffany

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