Sex crimes in Virginia are serious criminal acts that carry harsh penalties. Virginia pursues these sex crime cases vigorously, even if the crime was only an attempt and was not completed. Certain sexual offenses, such as indecent exposure, do not involve any sort of physical contact between the perpetrator and the victim, but they also carry serious repercussions.
If you've been accused of a sex crime in Virginia, you can contact the Virginia Sex Crime Attorney. An attorney will be crucial to your case due to the gravity of the charges and the potential damage to your image and reputation if found guilty.
Virginia Laws on Sex Crimes
In Virginia, sex crime charges are defined under the Code of Virginia Title 18.2 (which covers general offenses and crimes), Chapter 4 (which covers crimes committed against another person), usually in Sections 18.2-61 through 18.2-67.10. Sex crimes under Virginia laws are essentially defined as when someone engages in sexual activity with someone who hasn't given their consent or who is unable to give it. Although having physical interaction with the crime victim is a requirement for most sex crimes, it isn't always necessary. Sex crimes also include other acts where the offender acts without the victim's consent, such as indecent exposure.
A majority of sex crimes will have a further penalty that necessitates Sex Offender registration, which is a database that is accessible to the general public. For some forms of sex crimes, an additional conviction is necessary before the perpetrator is required to register with the Sexual Offender Registry. A defendant can visit the Virginia State Police webpage for an exhaustive description of the sexual crimes that demand the offender to register as a sex offender. However, as we discuss sexual crimes further on this page, it will become clearer which ones necessitate registration as sex offenders.
Virginia classifies sex crimes into two main groups: sex crimes and sexually violent crimes. In general, crimes involving sexual violence are considered more severe and subject to harsher punishments. These crimes include but are not limited to kidnapping with an illegal motive, rape, forced sodomy, sexual penetration using an object, aggravated sexual assault, taking obscene liberties with minors, and murder cases associated with sex crimes.
Even though sexual offenses are not as serious as violent sexual crimes, the state's sex offender registration carries severe consequences under the law. Even a very small offense, such as taking someone else's photo without their consent, could result in permanent registration as a sexual offender.
Definitions
Section 18.2-67.10(vi) defines sexual abuse as when a person does one of the following intending to sexually arouse, gratify, or, harass another person:
- Deliberately touches a victim's private parts including their anus, genitalia, breast, buttocks, or groin) or the clothing or another item that is covering their private parts.
- Compels a victim to physically touch the perpetrator's, another individual's or their own genitalia, or the cloth that is directly covering those parts.
- Forces a victim to physically touch their own, another individual's, or their private parts—or anything that is immediately covering those parts—and that victim is below 13 years.
- Forces another individually physically touch a victim's private parts or any clothing that is immediately covering those parts.
In sex crimes cases, mental incapacity can be described as the victim's state during the crime, in which a victim cannot fully comprehend the sexual actions (including their basis and effects), as well as a state that the defendant should have been aware of or understood existed.
Physical incapacity can be described as being unconscious or having other conditions at the moment of the crime that prevented the victim from expressing their desire to take action and that the perpetrator should have been aware of or understood was present.
Aggravated Sexual Battery
A person commits aggravated sexual battery when they sexually assault someone else and at least one of the following statements is accurate:
- The crime victim is below 13.
- The perpetrator takes advantage of the victim's mental or physical incapacity to commit sexual assault.
- The person is the parent, stepparent, or grandparent, of the victim who is between the ages of 13 and 18.
By using physical force, threats of violence, or other forms of intimidation, the offender acts contrary to the victim's will, and the following is also accurate:
- The victim's age ranges from 13 to 15 years old.
- The perpetrator seriously injured the victim's physical or mental well-being.
- The person makes use of or makes threats to utilize a lethal weapon.
A person who commits aggravated sexual battery will be convicted of a felony, and serve a jail term ranging from one to twenty years as well as a maximum fine of $100,000.
Sexual Battery
A person commits sexual battery and is charged with a Class 1 misdemeanor offense if they sexually abuse another person against their will by using force, threats of force, deception, or coercion, or if they do it to a prisoner while they are in charge of them, or to a parolee or probationer they are in charge of as part of their job. If found guilty of committing sexual battery, a person might spend a maximum of twelve months behind bars and/or pay $2,500 in fines.
Infected Sexual Battery
A person will be convicted of a Class 6 felony offense if they:
- Are consciously infected with HIV& AIDS, hepatitis B, or syphilis.
- performs fellatio, cunnilingus, sexual intercourse, anal sex, or anilingus, with someone else.
- With the specific aim to infect the other individual.
In cases like these, the offender would be subject to penalties that could include felony convictions and a sentence of 1 to 5 years behind bars, or, depending on the jury's or court's decision, lesser penalties including a maximum of 12 months behind bars, or a maximum fine of $2,500.
If someone is:
- Consciously carrying HIV & AIDS, Hepatitis B, or syphilis.
- Performs fellatio, anal intercourse, anilingus, cunnilingus, or any other form of sexual activity with someone else.
- The offender commits a Class 1 misdemeanor if they do so without first informing the other person that they are infected.
As a result, the offender in this circumstance could serve a maximum of 12 months behind bars or pay a maximum fine of $2,500.
Attempted Sexual Offenses
Although Sections 18.2-25 and 18.2-26 focus mainly on attempted crimes, this section outlines the punishments for attempting to undertake the most severe sex crimes:
- A person who commits attempted rape, forceful sodomy, or sexual penetration using an object is guilty of a Class 4 felony, which carries a prison sentence of two to ten years and a maximum fine of $100,000.
- Class 6 felonies, such as attempted aggravated sexual battery, carry maximum prison sentences of 1 to 5 years and potentially higher penalties such as maximum fines of $2,500 or maximum jail terms of 12 months.
- As Class 1 misdemeanors, attempted sexual battery offenses carry a maximum jail sentence of one year and a maximum fine of 2,500 dollars.
A Third Misdemeanor Conviction For a Sexual Offense
If a person is found guilty of a sex crime that qualifies as a misdemeanor offense and it's discovered that they were previously found guilty of two different sexual misdemeanor offenses in under 10 years, then the charge is changed to Class 6 felonies, which carry a prison sentence of 1 to 5 years or, at the jury or judge's discretion, a maximum of twelve months jail sentences or a maximum fine of $2,500.
Violent Sexual Assault and Repeated Sexual Assault
If a person has been found guilty of multiple sexual assault-related offenses in the past, and the offenses were violent sexual assaults and a sexual assault offense. The subsequent offense occurred after the person was released from jail or prison following the commission of the initial offense, the person will be convinced of the maximum sentence allowed for the latest offense, with no suspension of their sentence.
If a person is found guilty of multiple charges on the list of violent sexual assaults and the subsequent crime was perpetrated after the person had been discharged from jail or prison following the conviction of the initial offense, the person will receive a prison life sentence without the possibility of parole.
The list of sexual assault offenses is detailed under § 18.2-67.5:2(ii) and includes any felony charges for the following:
- The offender is over the age of 18 and has carnal knowledge perpetrated on a minor between the ages of thirteen and fifteen.
- Having sexual acts with certain children.
- Aggravated sexual battery.
- Offenses against nature.
- Having sex with one's kid or grandchild or engaging in adultery.
- Having inappropriate contact with a minor.
- Conspiracy to perpetrate any of the aforementioned crimes.
The following are listed as violent sexual assault offenses under § 18.2-67.5:3(ii):
- Rape.
- Sexual penetration using an object.
- Forcible Sodomy.
- Abduction with the purpose of defiling.
- Conspiracy to conduct any of the aforementioned offenses.
Sexual Offenses Prohibiting Proximity to Minors
Anyone found guilty of the following offenses that occurred after the 1st of July 2000, is prohibited from lingering within a hundred feet of any location they know or have reason to believe is a school.
After the 1st of July, 2006, anybody charged with the following acts is prohibited from lurking within a hundred feet of any location they know or have reason to believe is a children's daycare center.
After the 1st of July, 2008, anybody charged with the following acts is barred from staying within a hundred feet of any location they know or have reason to believe is a playing field, gym, athletic facility, or field. A person who violates this law is guilty of a Class 6 felony, which includes the following offenses:
- Abduction.
- Abducting to defile an individual or entrapment of a minor under the age of 16 to force them into concubinage or prostitution.
- Incest when the victim is a child. Incest is defined as having sex with one's kid or grandchild.
- Rape involving a victim under the age of 13.
- Sexual acts with a minor between the ages of thirteen and fifteen.
- Sexual acts with certain children.
- Forced sodomy on a victim below 13 years.
- Sexual penetration using an object on a victim younger than 13.
- Aggravated sexual battery whereby the individual being assaulted is below 13 years or in which the conduct was carried out without the victim's consent when the victim is between the ages of thirteen and fifteen.
- Having inappropriate interactions with children while in a position of trust or authority.
- Participating in consenting sexual activity with a minor aged between the ages of 15 and 18 if one is above the age of 18.
- Child pornography creation, distribution, sale, funding, and so forth.
- Child pornography possession, replication, distribution, facilitation, and solicitation.
- Employing or allowing minors to work on pornographic content.
A person who was already a grown-up at the time of their conviction for a crime listed below, which took place on the 1st of July, 2006, or after, and in which they were at least 3 years older, is never allowed to live within 500 feet of a location that they know or have reason to believe is a daycare facility.
A person who has been found guilty of a crime listed below, whereby the offense occurred on the 1st of July, 2008, or after, and whereby the offender was no less than 3 years older, is never again permitted to live within five hundred feet of a recreation area that shares fencing with a learning facility and is frequently used for schooling.
This doesn't apply to someone who set up a legitimate home after being convicted and a daycare facility or recreational area (as specified above) is built after the individual did. A person who violates this law is guilty of a Class 6 felony, which includes the following crimes:
- Rape on a minor below 13.
- Forcing a victim who is under thirteen to engage in sodomy.
- Using an object to sexually penetrate a victim under the age of 13 when:
The forceful sodomy, rape, or sexual penetration using an object took place in the course of a kidnapping, burglary, or house invasion to commit rape or murder, battery, assault or another crime, or serious malicious harm.
A person who satisfies the aforementioned condition is also permanently prohibited from volunteering or working on a property that they know or have reason to believe is owned by a school or daycare facility. Violation of this law is considered a Class 6 felony offense.
Any violation of one of these provisions is punishable as a felony offense with a maximum of a 1 to 5 prison sentence or, at the jury's or court's discretion, with less severe penalties of twelve months behind bars or maximum fines of $2,500.
Registration of Sex Offenders in Virginia
In Virginia, the majority of sex offense convictions lead to the defendant's name and details being automatically added to the sexual predator registry. The database is open to the general public.
This registry will detail the person's address, the charge brought against them, the nature of their conviction, as well as the penalty they were given. The individual's name and photo are included in the registry. An individual could be subject to further criminal penalties if they fail to register or update their details as required.
The following are examples of offenses that lead to registration as a sex offender:
- Sexually violent crimes. These crimes include:
- Rape.
- Abducting someone for unethical reasons.
- The defendant perpetrates carnal knowledge on a child aged between 13 of 14, and the offender is at that moment at least 5 years older.
- Engaging in sexual acts with someone who is under 13 years.
- Forced sodomy.
- Using an object to sexually penetrate the victim.
- Aggravated sexual battery.
- Sexual battery, where the offender is at least 18 years old and the individual being assaulted is at least 5 years younger.
- Unwanted sexual contact with a child.
- Sex trafficking.
- Sexual crimes that are subsequent convictions.
It is mandatory for an individual to register themselves as a sexual offender if they have been charged with the following offenses more than once:
- Sexual acts with a child between the age of thirteen and fourteen.
- Having sexual intercourse with a child while in a position of authority over them.
- Abduction.
- Entering a residence to commit a rape.
- Abducting a child to extort.
- Sexual battery.
- Attempting a sexual battery.
- Incest.
- Sodomy.
- Possessing child pornography when that victim is underage or has a physical or mental disability.
- Breaking into someone's home to commit a felony offense.
- Committing a criminal homicide as a result of having contributed to a child's delinquency, having abused or neglected a minor.
- A sexual battery that was charged as a misdemeanor. It is mandatory to register in the sex offender registry if you have received a third conviction.
- Crimes committed in other states.
Registration is essential if it is mandated by the state's legal framework in which the defendant was found guilty. There are several more offenses for which a person may be required to register with the Virginia Sex Offender Registry. Find out if you need to register or if the offense for which you are being accused may need registration by speaking with an expert Virginia sex crimes attorney.
Legal Defenses to Virginia Sex Crimes
Sex crime charges could have several possible defenses. A Virginia defense attorney can go through the details of the matter and identify any applicable defenses. These defenses include:
Consent
Lack of consent is a common factor in many sex crime cases. If the victim gave their permission, there is a possibility that the accused did not perpetrate a crime. However, in other circumstances, including sex offenses involving children or people who are disabled, this defense is not applicable.
Age
This defense applies if the offender had no cause to doubt the victim's legal capacity to give informed consent but was unaware of the victim's age. For instance, if the accused and the victim had met in a place where there were adults, such as a pub, the defendant could have assumed that the individual was old enough to provide consent.
False Claims
Sometimes a "victim" will just make up an account about a sex offense that never happened. Victims can fabricate information for a variety of reasons, including humiliation over adultery, the desire for retribution following a rough divorce or separation, or to have an advantage in child custody disputes.
No Resistance
For a person to be found guilty of a sexual offense in the state of Virginia, the victim doesn't need to have made a vocal or physical resistance against the offender. Not resisting, however, could indicate that the alleged victim gave permission or the accused had a good faith belief that the victim gave consent.
Misidentification
Sometimes sex crime accusations result from the victim misidentifying the accused. The victim of a sex offense may falsely accuse someone else of perpetrating the offense. Perhaps the two individuals have a similar appearance or voice. If the alleged victim was intoxicated, they might not recall what transpired.
False Memories
Sex crime victims might sometimes have false memories of sexual encounters. A victim's recollections of an alleged sexual assault could change throughout therapy.
Find a Virginia Sex Crime Lawyer Near Me
If you have been charged with a sex crime in Virginia, you should hire a Virginia criminal defense attorney who specializes in sex crimes. The attorney can look into the allegations made against you and inform you of your legal options. You need to be fully aware of your rights. There are some restrictions regarding what you can inquire of the prosecution, such as witness lists and records about the sex crime charges.
At the Virginia Sex Crime Attorney, we can launch an in-depth investigation into your case, assess the evidence presented against you, examine police procedures, analyze witness statements, consult with expert witnesses, then work tirelessly to craft a defense plan that fits your unique circumstances. Call us today at 571-933-8494 to get started.