Since the crime of rape includes the crime of indecent assault, a defendant cannot be sentenced on both if they arose from the same criminal episode. Even if a sentence of one count is suspended, the prejudice is such that the sentence must be vacated on the improperly imposed suspended sentence.
However, when there was but one act of oral intercourse, sentences for the offenses of rape, involuntary deviant sexual intercourse, and indecent assault work duplicate two, according to the court and Commonwealth v. Schilling of 1981. In Commonwealth v. Heckman, of 1987, the offenses of indecent exposure and corruption of minors do not merge with involuntary deviant sexual intercourse. of statutory sexual assault and corruption of minors do not merge.
When there were several different sexual acts, separate sentences for rape, indecent assault, involuntary deviant sexual intercourse, and unlawful restraint, the sentences were proper. The crimes of robbery and theft merge for sentencing according to Commonwealth v. Brown of 1981. In addition, the following cases merge for sentencing: Arson and criminal mischief; involuntary manslaughter and recklessly endangering another; aggravated assault and recklessly endangering another; recklessly endangering and simple assault; aggravated assault and criminal attempt to commit robbery; aggravated assault and robbery; homicide by vehicle and in voluntary manslaughter; theft by unlawful taking and retail theft; robbery, theft, recklessly endangering another person, and terroristic threats; burglary and criminal trespass; on authorize use of a motor vehicle and receiving stolen property; unlawful taking and receiving stolen property; and the crime of attempted theft of the contents of a car with the offense of theft of that car.