A strong Pittsburgh sexual assault defense will be required for a halfway house security monitor accused of attacking two of the male residents at the facility.
Our Pittsburgh criminal defense lawyers understand that these can be complex cases. However even with apparent mountains of evidence, you do have options - assuming you hire the right lawyer.
In this case, the 44-year-old defendant, who has been arraigned on charges of criminal solicitation, institutional sexual assault and other crimes, may rely on potential claims of consent. There may also be a lack of evidence to definitively prove the charges.
Institutional sexual assault, as defined in Pennsylvania Statute 18-31-3124.1, is a forced or manipulative sexual encounter by someone who is in a position of power in a state institution. These are generally recognized to be individuals who work in positions of authority in: detention facilities, forestry camps, development centers, residential facilities, prisons, mental health or mental retardation facilities. Violation of this statute is considered a third-degree felony, is punishable by up to 7 years in prison and a $15,000 fine.
According to The Pittsburgh Post-Gazette, the defendant in this case is accused of reportedly exploiting one resident after he caught him exploiting his contract by using his cell phone in the home's shower one night. The resident reported that the defendant told him he would report him to the home's higher authorities if he did not show him his genitalia. The defendant, the resident claimed, then performed oral sex on him.
A second man also reportedly told investigators that he awoke to the security monitor performing oral sex on him.
Police indicated that the defendant gave them conflicting information about what occurred between he and the two men. While he did not deny there was talk of a sexual encounter, he said one of the men at one point demanded oral sex from him, and then later saying that it was he who wanted to arrange a sexual liaison, but was unsuccessful at carrying it out.
This is an illustration of why it is so critical to speak to your defense attorney prior to giving a statement to authorities.
Particularly in this situation, there are credibility issues with regard to the accusers.