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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3107 (2026)

 Resistance not required.

✓ current as of May 2026
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§ 3107.  Resistance not required.

The alleged victim need not resist the actor in prosecutions under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question.

(May 18, 1976, P.L.120, No.53, eff. 30 days)

 

1976 Amendment.  Act 53 added section 3107.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1985–2024 · leading case: Reedy v. Evanson, 615 F.3d 197 (3rd Cir. 2010).
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Reedy v. Evanson, 615 F.3d 197 (3rd Cir. 2010). “See 18 Pa. Cons.Stat. § 3107. By the District Court’s reasoning, however, it was appropriate for Evanson to presume that Reedy was lying because she did not press a panic alarm while a man pointed a gun at her and sexually assaulted her.”
Commonwealth v. Mlinarich, 498 A.2d 395 (Pa. 1985). · cites it 2× “18 Pa.C.S. § 3107. (This amendment repealed the provision in the Crimes Code, which had been taken from Section 213.”
Commonwealth v. Richter, 711 A.2d 464 (Pa. 1998). · cites it 2× “18 Pa.C.S. § 3107. However, in Commonwealth v.”
Commonwealth v. Dickerson, 2 Pa. D. & C.4th 297 (1989). “18 Pa.C.S. §3107. . We also note that both the victim and defendant testified at trial.”
Com. v. Toms, D. (Pa. Super. Ct. 2024). · cites it 3× “6 18 Pa.C.S. §§ 3107(a)(1)(ii), 903(c)/3107(a)(1)(ii), and 6105(a)(1).”
Com. v. Mitchell, W. (Pa. Super. Ct. 2015). · cites it 2× “When viewed in the light most favorable to the verdict winner, the evidence shows that, after Co-Defendant sexually assaulted her, the victim ____________________________________________ 5 See 18 Pa.C.S. § 3107, which provides as follows: “The alleged victim need not resist the…”
Commonwealth v. Nyamwange, 6 Pa. D. & C.5th 368 (2008). · cites it 2× “Finally, defendant’s point for charge 8 was denied because, in conjunction with 18 Pa.C.S. §3107, any reliance on the victim’s submission to intimate touching without protest or physical, resistance, is misplaced.”
Com. v. Hart, W. (Pa. Super. Ct. 2017). “at 721 ; see also 18 Pa.C.S. § 3107 (Resistance to physical force is not necessary to show forcible compulsion.”
Com. v. Salfiti, M. (Pa. Super. Ct. 2019). “18 Pa.C.S. § 3107 (“The alleged victim need not resist the actor in prosecutions under this chapter”).”
Com. v. Clegg, W. (Pa. Super. Ct. 2024). “14 (citing 18 Pa.C.S. § 3107). “The inquiry is whether the defendant’s physical, intellectual, moral, emotional, or psychological force compelled the victim to submit to intercourse against the victim’s will, not whether the victim resisted the compulsion.”
— 18 Pa. Cons. Stat. § 3107(a)(1)(ii) — 1 case
Com. v. Toms, D. (Pa. Super. Ct. 2024). “6 18 Pa.C.S. §§ 3107(a)(1)(ii), 903(c)/3107(a)(1)(ii), and 6105(a)(1).”
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