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What is Meant by "Deviate" Sexual Intercourse?

In Pennsylvania, there are crimes based upon whether the acts occurred were "deviate."  But, what does that mean?

By Attorney Elisabeth K.H. Pasqualini, Sex Crimes Defense Lawyer, Harrisburg, PA

There is often confusion when one of my clients is charged or investigated for a crime of Involuntary Deviate Sexual Intercourse.  What does "deviate" mean in that crime, is often the remark.  In short, deviate sexual intercourse means "per os" or "per anus."  With the mouth  or with the anus of the offender or the victim.

The offense of Involuntary Deviate Sexual Intercourse ("IDSI") is committed when a person forces another person by actual physical compulsion or threats thereof to engage in acts of anal or oral intercourse. The offense includes an act involving insertion of the perpetrator's penis into the mouth of the victim, as well as an act involving the insertion of the victim's penis into the perpetrator's mouth.  

Moreover, since the word "per" used in the statutes defining "deviate sexual intercourse" and "sexual intercourse" as "per os or per anus" has been accepted and defined as "by the means or agency of," deviate sexual intercourse can be that which occurs by the means or agency of the mouth or tongue in penetrating the vagina. Cunnilingus is, therefore, an act that falls within the class of offenses constituting involuntary deviate sexual intercourse. While a minimal degree of oral contact with genitalia will support a conviction, mere digital penetration of the vaginal area may not be the basis for a charge requiring sexual intercourse, as digital penetration does not fall within any of the conduct described by legislature as sexual intercourse or deviate sexual intercourse. A defendant may be found guilty of involuntary deviate sexual intercourse based on evidence showing that-

  • - the defendant forcibly inserted his penis into the mouth and rectum of the victim.
  • - the defendant kissed the complainant's vagina since such evidence would permit the jury to infer that the defendant intended to penetrate the complainant's vagina with his tongue or to force the act of cunnilingus on her.
  • - the defendant performed oral sex on the victim against his will and the victim was unable to stop the defendant because of his affliction with Pelizaeus-Merzbacher Syndrome.
  • - the defendant forced a blunt object consistent with a penis or a broom handle into victim's anus.

If you are being investigated for or have been charged with the crime of IDSI, you need to contact an experienced attorney to assist you in the investigation and defense of your case.  (See our link to a remarkable true story about how our investigation set a man free after he plead guilty).  Do not trust your life and freedom to an attorney out of the yellow pages.  You may contact Shaffer & Engle Law Offices, LLC toll free or email us today.

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