Aggravated sexual battery constitutes one of the serious crimes covered under Virginia's section on criminal sexual assault. If you are convicted of a crime that has the word "aggravated" attached to it, you can anticipate receiving a lengthy prison sentence, substantial fines, and lengthy probation terms. Additionally, if the word "sexual" is included in the description of the crime, you could be subject to registration requirements under Virginia laws. If you've been charged with aggravated sexual battery, the Virginia Sex Crime Attorney can provide legal counsel on how to navigate the complex judicial system. Contact us today for top-notch legal representation.

Legal Definition of Aggravated Sexual Battery Under Virginia Laws

In Virginia, sexual battery refers to any form of sexual touching or contact that doesn't involve physical penetration or intercourse, but still constitutes a crime. In certain jurisdictions, the term "sexual battery" describes unlawful sexual contact, while in others it refers to the more severe offenses of unlawful sexual penetration or rape.

Many states additionally forbid sexual contact or touching between an individual in positions of power, including a teacher, law enforcement officer, or a guard at a correctional facility, and someone they have control over, for example, an inmate, a student, or anyone under their supervision. The justification for outlawing such conduct is based upon the fact that the influence that a guard or an authoritative individual has over an inmate or any other individual reduces their ability to consent.

In Virginia, sexual battery is considered a felony offense, and depending on the circumstances of the offense, different penalties and prison sentences could be imposed. A basic sexual battery accusation could be brought against the accused for threatening to employ force without actually coming into contact with the alleged victim or for using coercion or deception.

Although being accused of a serious offense, like an aggravated sexual battery offense, does not guarantee that you will ultimately be convicted, it is nevertheless crucial that you hire an experienced criminal defense lawyer who will counsel you. Being accused of committing a sexual offense brings humiliation, which means you want to be able to minimize the consequences it would have on your personal life.

In certain jurisdictions, engaging in sexual activity with a child is only prohibited if the perpetrator is at least a specific age older than their alleged victim and the alleged victim is below a particular age. For instance, in certain jurisdictions, a girl aged 15 years and a boy aged 18 are permitted to have sexual intercourse without the act being considered illegal.

When you are convicted of aggravated sexual battery, you'll be required to register yourself as a sex offender along with facing possible fines, jail time, and a supervised probationary term after your prison sentence.

As a result, after you are released, your personal information will be added to a national database that places restrictions on your right to decide whether or not you can have children's custody as well as where and how you can reside and work. Additionally, you will have limited options for places you can go and deal with being labeled a sex offender.

As a result, if you, a friend, or a relative is accused of committing this crime, you will need the skill and determination of an experienced aggravated sexual battery attorney to challenge the accusations against you.

The Special Circumstances That Increase the Severity of Aggravated Sexual Battery Penalties

If found guilty of an aggravated sexual battery offense, the offender could be required to complete an obligatory minimum time in jail, meaning there's no option for the sentence to be reduced or suspended in any way. It applies to anyone who has previously been convicted of a felony sexual assault mentioned below offense or an aggravated battery:

  • Carnal knowledge/ sexual intercourse with a kid between the ages of thirteen and fifteen when the offender is above the age of 18.
  • Offenses against nature.
  • Carnal knowledge/ sexual intercourse with some minors.
  • Take indecent liberties/ willfully commit immoral acts with a minor.
  • Adultery or engaging in sexual activity with one's grandchild or child.
  • Forced Sodomy.
  • Rape.
  • Abducting with the purpose of defiling.
  • Sexual penetration using an object.
  • Conspiracy to conduct any of the aforementioned offenses.

Additionally, a person could face charges for aggravated sexual battery when:

  • They are convicted within two years of sexually abusing more than one person.
  • The perpetrator knew the complaint's mental/ or physical condition and proceeded with the sexual abuse of the individual while working at the correctional or mental institution where the complainant was confined.

How Aggravated Sexual Battery is Charged

To secure a conviction, the prosecution must demonstrate several elements. Although the Virginia law regarding aggravated sexual battery charges is quite intricate, a breakdown could prove useful. The prosecution needs to first prove that you sexually abused someone, which is to say that you attempted to sexually pleasure yourself by making certain types of contact with either your own or the complainant's private areas. Also:

  • The victim must not have consented to the act.
  • You need to have threatened, intimidated, or employed force against the victim.
  • You seriously injured the complainant, or you brandished a weapon or made threats to do so.

If the victim of the offense is a minor, different guidelines apply. Even without the aforementioned components, you could still be convicted of aggravated sexual battery. If the alleged victim was a kid under the age of 13, the prosecution does not have to demonstrate consent, coercion, threats, or the utilization of any weapon. All that is needed is evidence that you sexually abused the victim.

Hearings and Trials

During the evidentiary hearings, the court permits participation from the accused, the aggrieved witness, important witnesses, as well as the jury. In most cases, an evidentiary proceeding is performed before the presentation of proof in the preliminary and is when the jury decides whether or not the prosecution's evidence is admissible.

The defendant's prior convictions for sexual offenses are relevant and deemed valid evidence on the subject matter if the alleged victim is a minor and the crime is charged as a felony.

The Commonwealth of Virginia must give the accused official photocopies of any orders it plans to submit before the proceedings commence. The official copies contain the following information: each previous conviction, the accused person's crime, the court's name, and the location where the rulings were acquired.

According to regulations set forth by Virginia laws, the prosecution must request criminal procedures in addition to initial hearings into the purported crime involving a minor and in contravention of Virginia sex statutes at least one week before that hearing is scheduled to begin.

The court can choose to back up the complainant during the initial hearings by a Commonwealth petition or motion. This clause only applies if the complainant was 14 at the time of the incident and sixteen at the time of the trial, or when the complainant is 14 at the time of the court proceeding.

If the complainant is a kid, either the defense counsel has the authority to ask for a hearing outside court for any aggravated sexual battery charges that involve murder. This right applies even if those harmed are adults. There would be a courtroom broadcast of the testimony. This happens when the minor:

  • Will not be able to give testimony before the court.
  • Is not able to speak about the alleged offense.
  • Would be subjected to mental anguish and torture as they testify.

The court's findings regarding the child's absence must be documented in writing or on record. To protect the child's privacy, the witness room should be off-limits to anyone who cannot be seen by the television camera.

Additionally, anyone who a judge determines will have a beneficial effect on the minor and their welfare is permitted inside the testimony chamber. The Commonwealth and defense counsel remain present during the child's testimony in televised testimony. The minor is directly cross-examined before giving testimony.

Aggravated Sexual Battery Penalties

In Virginia, aggravated sexual battery is charged as a felony. Depending on variables including the offender's previous history and any mitigating circumstances, sex crimes can be classified as either felonies or misdemeanors. Aggravated sexual battery, nevertheless, always remains a felony. If found guilty, you may receive the following penalties:

  • A prison sentence of no less than a year and no more than 20 years.
  • Fines of up to $100,000.

Additionally, Virginia law mandates that anybody convicted of aggravated sexual battery register themselves as a sexual offender. Your details will be included in the database, and for the next 15 years, you'll be expected to maintain compliance with the standards for registration.

A defendant could also face charges of attempted aggravated sexual battery. In Virginia, attempting to engage in a crime is just like committing the offense itself. Attempting to perpetrate an aggravated sexual battery offense is considered a class six Felony, a "wobbler" that allows the judge to apply either felony- or misdemeanor-level penalties. You would be subject to:

  • 1 to 5 years in prison if you were charged with a felony.
  • A misdemeanor charge carries a maximum penalty of twelve months in jail as well as a fine of up to $2,500.

According to the Code of Virginia section 18.2-67.2, sexual penetration using an object is prosecuted as an aggravated battery offense. Regardless of if the complainant is their partner or younger than 13 years old, the offender will be convicted of using an inanimate object for sexual penetration if they utilize objects to touch the complainant's privates. This offense also includes other components, such as using force or physical or mental incapacitation.

Penalties For Repeat Offenders In Virginia

Two prior convictions within the last decade for committing a sexual battery offense or attempting to commit sexual battery will result in felony charges. According to the law, being convicted for obscenely exposing yourself or consensual intercourse with a minor will contribute to your current conviction as a third charge. A third sexual battery conviction carries a maximum sentence of five years in prison as well as a fine of up to $2500.

In some cases, anyone found guilty of aggravated sexual battery has to serve the maximum term allowed by law (as stated in the Code of Virginia Section 18.2-67.5:2). The law forbids any chance of having the sentence partially suspended. This happens if you've ever been convicted of aggravated sexual violence or a related felony sexual assault.

Offenses Related to Aggravated Sexual Battery

Some charges could be charged in addition to or instead of aggravated sexual battery. Although all of these crimes involve sexual conduct, the way they are handled in court could differ greatly depending on the elements of the crime.

Sexual Battery

According to Virginia's sex crime statutes, sexual battery is defined as the unwanted touching of a person's intimate bodily parts (such as the breasts, groin, buttocks, or anus) without that person's consent to arouse, gratify, or sexually abuse that person. No matter how little the penetration was, sexual battery penalties still apply. This means that even slightly touching someone's private parts without permission can result in sexual battery allegations.

A crucial component of every sexual battery charge is consent. The offender could be charged with sexual battery provided the victim doesn't consent. In some cases, consent cannot be given because the person is too young or is mentally impaired. Both minors and those who are intoxicated fall within this category.

This crime can be committed by using force or intimidation, and it can cause harm to the alleged victim, particularly if it involves several offenders. If the purported victim was a child, serious charges could be brought against the perpetrators. Therefore, if you want to avoid such allegations, it is necessary to thoroughly understand every component of the laws.

For example, touch can refer to either actual physical contact with an individual or indirect contact through clothes, and the offender could be found guilty even though they were unsuccessful.

Taking Indecent Liberties with a Minor

Any person is subject to prosecution under code § 18.2-370 when they intentionally or recklessly touch a child below 15 years to arouse, gratify, or abuse them. These actions are known as lewd conduct, and the offender would be breaching the law by engaging in them with a minor. Other conducts with a lewd intent include:

  • Exposing your genitals to a minor or compelling a minor to expose their genitalia.
  • Forcing a minor to touch their genitalia or your private parts.
  • Encouraging a minor to commit acts like cunnilingus, fellatio, anilingus, anal sex, or any other illegal sexual activity.
  • Luring a youngster into an automobile or any other location with the intent to perform any lewd acts.

Rape

As stated by Virginia statute 18.2-61, this sexual offense involves non-consensual sexual activity between unmarried people. To commit this crime, a complainant must be incapable of giving consent due to intoxication, mental incapacity, or physical impairment.

As the penalties for aggravated sexual battery offenses are far harsher than those for rape, it is typical for the prosecution to exclusively file allegations of aggravated sexual battery in cases where a child is involved.

In Virginia, rape carries a mandatory minimum sentence of five years in prison. The alleged victim's age will determine the severity of the penalties imposed. For example, if the offender is at least three years older, the minimum sentence is twenty-five years in prison.

The imprisonment period is increased to life in prison if the perpetrator was no less than eighteen years while the alleged victim was physically or mentally impaired.

Statutory Rape

Virginia presumes that kids are incapable of giving their permission for any kind of sexual activity. So, if someone had sexual relations with a child, they could be accused of statutory rape. The distinction between this crime and rape lies in the fact that while rape centers on the crime's non-consensual component, statutory rape accusations apply even when the victim gave their consent.

Thus, for these accusations to stand, the prosecution doesn't have to demonstrate that an assault occurred. Additionally, if the offender assaulted the minor or employed force, the conduct could be classified as enticement, violence, assault, or abuse of a child.

Defenses Against Aggravated Sexual Battery

If you are facing trial for aggravated sexual battery, below are some legal defenses your attorney can use:

Lack of Sufficient Proof

A defense lawyer can assert that the prosecution's proof does not sufficiently establish that the accused used violence or intimidation to coerce the complainant into engaging in sexual activity. They could also demonstrate that the witness who filed the complaint wasn't mentally or physically impaired.

These arguments, nevertheless, only hold if the purported offense took place shortly before the prosecution began; if allegations are brought up much later, the plaintiff could then be mentally or physically incapacitated, which would support the argument that they suffered harm or impairment during the commission of the crime.

Deny the Evidence

Your defense lawyer could be successful in the case when the evidence presented contradicts proof that the plaintiff had earlier been sexually assaulted. The allegations should be dropped and the accused person shouldn't face trial if the evidence pertains to sexual activity that occurred at some point in the past but was not committed by the defendant.

False Allegations

The victim might have wrongfully implicated the defendant due to their mental impairment resulting from the act, the victim's wish for vengeance, the defendant's intoxication, or a miscommunication between the two parties. Defense attorneys are within their rights to request a witness to back up any claims that will work in your favor.

For example, if the prosecution submitted an official notice detailing the evidence before the trial's opening argument during the initial hearing as well as before requesting the submission of the proof, your defense attorney could claim that the plaintiff intended to fake the evidence.

While the jury ultimately decides what evidence is allowed to be presented, the defense counsel plays a pivotal role in casting reasonable doubt on the reliability of the prosecution's case.

Mistaken Identity

The best defense tactic sometimes involves the misidentification of the defendant. Your attorney can claim that the offender was misidentified in situations where the crime's perpetrator was wearing a mask on their face or something else that would make it difficult for law enforcement to identify them. They are therefore exempt from prosecution for any offenses.

Since it might be challenging for prosecutors to prove your motivations or intentions, they have to provide convincing evidence to convince the court of the defendant's state of mind during the commissioning of the crime. To back up their claim of intent, the prosecution can present circumstantial or direct evidence. 

A Virginia sexual battery defense attorney can collaborate with you and your loved ones to challenge the prosecution's evidence to have the case dropped or to have the penalties you face lowered if you enter a plea deal to a lighter offense. If you need help understanding and minimizing the effects associated with a conviction, consulting an experienced criminal defense attorney can help.

Find a Criminal Defense Attorney Near Me

If you've been charged with aggravated sexual battery in Virginia, you are free to contact the Virginia Sex Crime Attorney right away for expert legal assistance. Our legal team has extensive experience representing clients in a broad spectrum of issues, including those involving sexual battery. Contact our criminal defense firm at 571-933-8494 today.