Virginia Sex Offenses Laws
Sex offenses can be some of the most difficult and challenging charges to face. Nearly all Virginia sex offenses are felonies, and carry the risk of significant jail time, the requirement to register as a sex offender, and loss of immigration status. If facing a sex related charge in Virginia, it is imperative that you have counsel that is aggressive, knowledgeable, and experienced in handling these specific charges.
Rape
If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.
The potential sentence for Rape is 5 years to Life in prison. The periods of incarceration increase if certain aggravating factors are present.
Sexual Battery
Sexual Battery is a Class 1 Misdemeanor, punishable by up to 1 year in jail. Although there are various ways to commit this offense, Sexual Battery normally happens when someone touches another person in a sexual manner without that person’s consent.
Aggravated Sexual Battery
An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness; or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age; or
b. The accused causes serious bodily or mental injury to the complaining witness; or
c. The accused uses or threatens to use a dangerous weapon.
The potential sentence for Aggravated Sexual Battery ranges from 1 – 20 years in prison.
Experience
The attorneys at KGO have experience successfully defending persons accused of every type of sex offense at every stage – from the first bond hearing, through the discovery and investigation stage, and through to trial by jury. If you or someone you know is facing a sex offense charge, it is critical that you hire counsel who has the experience and knowledge at every of a sex offense case, including fighting the charge at trial before a jury.
Building Your Defense to Fight Back
Exploring every angle of defense is critical in every sex offense case in Virginia. Every case is different, but some normal defenses to explore are:
- Motive to Lie or Fabricate: Does the accuser have a reason to exaggerate or make up a story?
- Challenging Medical Evidence: Is any medical evidence consistent with the allegations?
- Consent: was the alleged sexual act committed with the consent of the accuser?
- Inconsistent Stories: Has the accuser maintained a consistent account of the factual allegations?
- Alibi: Was the accused present for the alleged incident or had an opportunity to commit the offense?
- Witness Accounts: Do witnesses recollect a version of events different from the allegations of the accuser?
Our Virginia criminal attorneys have successfully defended and guided many clients facing sexual offense charges in Virginia at every stage of criminal litigation. Each case was very different, requiring a unique strategy and outlook. Your case and your situation is no different. You need and deserve a top rated defense. We can help.
Call (703) 988-3711 or email us today to schedule a free consultation about your Virginia sexual offense case and learn how we can help.