Rape Of Man With Cerebral Palsy
 

"Rape Of Man With Cerebral Palsy Brings 11-Year Sentence"

How is it "second degree"?

Re: Rape Of Man With Cerebral Palsy
 

That is called a "plea bargain."

The original charges were probably much more severe, and that's what the attorney dealed him down to.

Generally crimes in the first degree are premeditated acts.

(I'm not a lawyer, neither do I play one on tv, but I do watch Law & Order a lot ... ;))

<i>§ 3124.1. Sexual assault.

Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.</i>
[Note: This section was enacted by the legislature to reverse the holding in Commonwealth v. Berkowitz, ___ Pa. ___, 641 A.2d 1161 (1994), wherein the Pennsylvania Supreme Court had held that the rape statute required proof of physical force as an element of the offense.]

Thank you.