Commonwealth v. Leon Parham 2009 PA Super 61 (4/03/2009)

Topic: Merger of Rape and Statutory Sexual Assault

Summary: For purposes of sentencing, rape and statutory sexual assault (statutory rape) do not merge.

Illustration: Parham was convicted of rape and statutory sexual assault based upon one act of sexual intercourse. Since each offense requires an element that the other does not (statutory sexual assault requires that the victim be under the age of 16 & that the actor be more than 4 years older than the victim while rape requires the use of force), the Superior Court concluded that statutory sexual assault and rape do not merge.

http://www.pacourts.us/OpPosting/Superior/out/s13001_09.pdf