Virginia Sex Crimes Lawyer
Forcible sex offenses are divided into four categories in a report from the Virginia State Police. Those categories are forcible rape, forcible sodomy, sexual assault with an object and forcible fondling. These offenses can occur without force when a victim is unable to consent due to any type of physical or mental incapacitation or youth. Nonforcible sex offenses include incest and statutory rape. In 2010, 4,687 offenses and 4,981 victims were reported in the state.
Title 18.2, Chapter 4 of the Code of Virginia, 1950, as amended discusses Virginia law as it pertains to “crimes against persons.” This chapter goes into great detail about the various kinds of sexually offending crimes and their penalties, from rape to attempted sexual battery. The required elements of each offense are enumerated and punishments are defined. Possible punishment for a sex crime conviction can be life imprisonment, depending on the nature of the offense, certain factors involving the alleged victim, and the alleged offender’s individual circumstances. A Virginia sex crimes lawyer can help those accused understand their individual situation and available options. We also have sex crimes lawyers serving the state of Maryland and DC as well.
In their report for 2010, the Virginia State Police provide statistics about the relationship of an offender to the victims, times of the day, week and year when these crimes occurred, how the offender fled the scene and the age, gender and race of victims and forcible offenders. The most common relationship of an offender to a victim is “acquaintance” and the offender most typically left on foot. The hours of 12 a.m. to 2 a.m. seem to be when most crimes took place, and the weekends saw the most crime during those hours. As perhaps expected, females under 20 are more likely victims, and males between 18 and 35 are more likely offenders.
- Carnal Knowledge of Minors
- Carnal Knowledge of Accused Persons
- Forcible Sodomy
- Object Sexual Penetration
- Sexual Battery
- Attempted Sex Crimes
- Proof of Physical Resistance Not Required
In Section 18.2-61, rape is defined as having sexual intercourse with an individual, or causing an individual to have sex with another, against their will, by force, with threat or intimidation of the complaining witness or another, or through the mental or physical incapacitation of the complaining witness. Being the spouse of the victim does not excuse such action. Virginia law recognizes marital rape.
Another protected class of persons in the rape statute is the very young. Under Virginia law, a conviction for rape for a person under thirteen (13) years of age can result in a term of imprisonment for not less than five (5) years.
When the victim is under 13 years of age, and the offender is more than three years older than the victim, confinement may be a mandatory minimum of 25 years. If the guilty party is 18 years or older, they may receive a mandatory minimum life sentence.
Rape is a very serious offense, and carries the potential of a lifetime in prison. If you’ve found yourself at the center of a rape charge, talk to one of our sex crimes lawyers in Virginia to learn more about how to defend yourself and your livelihood.
Carnal Knowledge of Minors
In 2010, 584 of the 1,531 forcible rape victims were under 18, with another 110 victims being 18 years exactly. Being charged with the rape or carnal knowledge of a minor can lead to a life in prison, as well as significant social stigma. It is very important to understand the implications and potential penalties for committing such a crime. ôCarnal knowledgeö may include sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse or animate or inanimate object sexual penetration.
Children between 13 and 15 Years
Having carnal knowledge, even without force, of a minor aged 13 to 15, is considered a Class 4 felony, according to Section 18.2-63. If the minor consents, and the offender is also a minor but three years or more older than the victim, it is a Class 6 felony. If the consenting minor is less than three years younger than the accused, the offender is guilty of a Class 4 misdemeanor. It is important to note that Section 18.2-63 offers a broad definition of carnal knowledge, to include a variety of defined sexual acts. Our Virginia sex crimes lawyers have a thorough knowledge of the statutes and the case law and the skills to apply that knowledge to your case.
Detained or Confined Minors
In Section 18.2-64.1, Virginia code states that a person providing paid or unpaid services to juveniles in custody or confinement who has carnal knowledge of a minor 15 years or older is guilty of a Class 6 felony. This statute is part of a broader statutory scheme to curb the exploitation of minors.
Carnal Knowledge of Accused Persons
If a person accused of a sexual offense works as an employee or volunteer of a state or local correctional facility, the Department of Corrections, the Department of Juvenile Justice, a secure detention home, a state or local court services unit, a local probation services unit or a pretrial services agency, and has carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial defendant or posttrial offender (without force), they are guilty of a Class 6 felony. Further details are noted in Section 18.2-64.2. This can be a troubling and complicated charge, calling for the services of Virginia sex crimes attorneys.
According to Section18.2-67.1, forcible sodomy includes engaging a complaining witness in cunnilingus, fellatio, anilingus, or anal intercourse, whether or not the complaining witness is a spouse. The punishment for such a crime can be confinement for five years to life, with heightened penalties if a victim is a minor or a member of other protected classes of persons as defined in the statute, which can enhance the penalties to include a mandatory minimum of twenty-five (25) years to a mandatory minimum of life. .
Object Sexual Penetration
Object sexual penetration, as stated in Section 18.2-67.2, is penetrating the labia majora or anus of a complaining witness with an inanimate or animate object, or causing the complaining witness to do so themselves. While medical necessity can excuse such penetration, being a spouse of the complaining witness does not. This is considered a felony punishable by confinement for five years to life, with the same heightened penalties for certain protected classes of victims, as mentioned above..
If an accused person sexually abuses a an individual against their will or with force or intimidation, or sexually abuses an inmate, or a probationer or any other individual noted in Section 18.2-67.4, they may be found guilty of sexual battery, and receive the punishment of a Class 1 misdemeanor, to include up to twelve (12) months in jail and/or a fine of up to $2,500.
Aggravated sexual battery includes situations where the complaining witness is under 13 years of age, the victim’s mental or physical incapacitation is used against them, the offender is a parent, step-parent, grandparent or step-grandparent of a victim 13 or older but under 18, or force or threat are used. Aggravated sexual battery is a felony and can lead to a penalty of one to 20 years in prison and up to $100,000 in fines, as stated in Virginia Code Section18.2-67.3.
Attempted Sex Crimes
When a person attempts to rape, forcibly sodomize or sexually penetrate with an animate or inanimate object another person against their will, it is considered a Class 4 felony. Attempted sexual battery is considered a Class 6 felony, and attempted sexual battery is considered a Class 1 misdemeanor. Understanding these details as laid out in Section 18.2-67.5 is important, and can be improved the with help of sex crimes attorneys in Virginia.
Proof of Physical Resistance not Required
According to Section 18.2-67.6, it does not need to be demonstrated that the complaining witness physically resisted or cried out against the offender in order for a conviction to take place. However, the absence of such resistance might be considered to support the idea that the alleged act was not against the will of the complaining witness. Such details of the alleged violation are important to share with your chosen sex crimes attorney.