Sex offenses attract the most severe penalties under the law. Any conviction for a sex crime carries humiliating repercussions in addition to a lengthy jail sentence and considerable court punishment, like the requirement to register in a sex offender registry. Even after completing your probation and prison sentence, you remain listed in the sex offenders' registry. You are rigorously watched during that period to ensure you do not commit another sex crime. To make sure that your community is safe once you are free from jail, the government must take further steps.

If you face conviction for a sex crime, and there are aggravating circumstances, the repercussions are considerably more severe. Aggravating circumstances apply if you used a dangerous weapon to commit a sex crime, caused severe physical harm to the victim, or caused the victim's death. Suppose you are facing sex-related charges in Virginia. It is valuable to understand the difference between a sex offense and an aggravated sex offense and how changing laws can affect your situation.

To learn more about your legal options, predicament, and representation alternatives, you can contact Virginia Sex Crime Attorney. We could battle for a fair solution to your problem alongside you.

What Are Sex Crimes?

All criminal offenses involving sexual assault and/or those done with a sexual purpose are sex crimes. Sadly, despite the numerous adverse effects that follow a conviction, they are relatively common in the state. Adults and juveniles equally commit sex crimes, and victims of all ages, from young children to older citizens, are affected. Depending on the specifics of an offense, several approaches are taken to prosecuting sex crimes. Working with an experienced sex crime attorney will help you understand your choices and prepare for your defense if you face sex crime accusations.

All states have a variety of laws prohibiting sexual actions that should not be carried out either generally or specifically against certain people. An act of sexual nature undertaken against another person's will is a sex-related crime. Other offenders resort to trickery or fraud, while others utilize force and compulsion. A prosecutor must first determine the nature of the offense and if the victim could consent to the act when presented with a sex-related case. Usually, some people cannot consent, like minors, those with mental disabilities, or those who are unconscious or intoxicated.

The law permits sexual activity between two consenting individuals. One party can face charges for a sex crime if they perform the sexual act against the other’s will or if one participant changes their mind and withdraws consent during the act. You risk criminal charges if you commit a sexual act on someone incapable of or unwilling to consent to a sexual act. You could receive severe penalties, including lengthy prison time, probation, paying a substantial fine, and being listed as a sex offender.

A comprehensive definition, legal procedure, and potential punishments for different sex crimes against adults and minors are under Code 18.2-67.10 of Virginia law. These regulations aim to safeguard everyone against inappropriate sexual advances, sexual misconduct, and sexual harassment. Remember that it is unlawful to engage in sexual acts with individuals under the age of 18 since they cannot give consent. You cannot refute those accusations by claiming the minor consented to the sexual act.

It is common for people to face false accusations of committing sex crimes and be wrongfully found guilty due to the gravity of sex crimes. For example, a misconstrued innocent deed could lead someone to accuse you of sexual assault. You must seek legal counsel after your arrest for a sex-related offense. The law allows you to support your defense with facts and arguments. Your attorney can utilize the most potent legal defense tactics to persuade the court to drop or reduce your charges, depending on the specifics of your case.

Note that the charges you face for an alleged sexual crime will depend on the details of your case and information about the victim, like their age and general well-being. You face charges for a misdemeanor or a felony based on the specifics of your case and your criminal history. You are an "aggravated sex offender" if your case includes aggravating factors like bodily harm or using a dangerous weapon. Offenders committing aggravated sex offenses face felony charges and are liable to harsh punishments, like lengthy jail terms and substantial fines.

Common Sex-Related Offenses That Could Result in Sex Offender or Aggravated Sex Offender Charges

Keep in mind that all sex offenses carry severe penalties. However, aggravated sex offenders face harsher punishments than ordinary criminals. Examining various sex offenses and potential aggravating circumstances in their conduct is crucial to comprehending the difference between a sex offender and an aggravated sex offender. Remember that everyone found guilty of a sex crime is a sex offender. But you can be an aggravating sex offender if circumstances in your case make the judge more likely to impose harsher punishments. The following sex crimes are frequent under Virginia law:

Sexual Assault

It is a common phrase for all sexual behaviors, including impermissible, offensive, and unwanted sexual contact. You could have touched the victim with an object, through their clothing, or directly on their skin or sexual organs. The victim is sexually assaulted without their consent. Some of the sexual acts that are regarded as sexual assault include:

  • Forcing someone to perform oral sex on you or another person.
  • Compulsion to masturbate.
  • Unlawful touching another person's sexual organs with your finger, tongue, or a foreign object.

The prosecutor will first determine if the victim is capable of or has given consent to the act of sexual assault. If you performed sexual acts on another adult without their consent, you have committed a sex-related crime. But if the following statements are accurate, you are an aggravating sexual offender:

  • You administered drugs to the accused victim to reduce their willpower.
  • Regardless of whether the minor could grasp the nature of the act, you performed sexual acts on them when they were under 14.
  • You forced the victim to cooperate using a deadly weapon, like a knife or a gun.
  • While committing the crime, you gravely injured the victim.

The definition and prosecution standards for numerous sex crimes under sexual assault are provided in Section 18.2-67.4 of Virginia law. Although these offenses have specific fundamental components, they differ in other ways. The prosecution must establish all aspects of your crime beyond a reasonable doubt for the judge to find you guilty.

Without aggravating circumstances, a simple sex-related assault allegation is primarily a misdemeanor. But you will likely face a felony and can even be guilty of being an aggravating sex offender if your behavior suggests a disregard for the victim's life. Here are some instances of sexual offenses that fall under the broad category of sexual assault:

     1. Sexual Battery

You will face sexual battery charges if you knowingly touch another person's sexual or intimate body parts against that person's will using coercion, force, or threats. However, the district attorney must establish all its elements for the judge to declare you guilty of the crime. You will face charges for a misdemeanor if there is evidence that you engaged in sexual battery. The offense is punishable by a maximum fine of $2,500 in court fines and a year in jail.

     2. Infected Sexual Battery

Sexual contact with someone else against their consent to infect them with a fatal illness like syphilis, HIV, or hepatitis B is known as infected sexual battery. You commit this crime if you are infected and fail to tell the other person that you are before engaging in sexual intercourse with them. The prosecutor will file felony or misdemeanor charges against you, depending on the specifics of your case. You would face charges for a Class 1 felony if you knowingly committed a sex crime to infect the other party. It could result in twenty-five years or life in prison.

     3. Aggravated Sexual Battery

You could face charges for aggravated sexual battery if you engage in sexual battery in aggravating circumstances. An illustration of an aggravating circumstance is:

  • You assaulted a person who was physically or mentally challenged.
  • The alleged victim was 14 years old or younger.
  • The victim is your child, stepchild, or grandchild.
  • You did the alleged act against the victim's will.
  • You committed the crime using coercion and intimidation.
  • You used or threatened to use a dangerous weapon to compel the victim to comply.
  • Your acts caused the victim considerable mental or physical harm.

You will be guilty of a felony sex offense if the prosecution can establish all the required components of the crime. Felony sex offenses are punishable by up to 20 years in jail and fines of up to $100,000.

     4. Attempted Sexual Battery

You could still face charges of sexual battery for attempting a sex crime even if you could not finish the sexual act. Although penalties for attempted battery are less severe than those for actual sexual battery, a guilty verdict can nevertheless significantly impact your life. You need to consult an experienced sex crime lawyer if you face sex crime charges.

Rape - 18.2-61

A charge of rape can suffice if you engage in sexual activity with someone else against their consent. It is a criminal violation that carries a maximum life sentence in jail. Rape is an aggravated sexual offense. Rape charges become graver if any of the following circumstances apply:

  • The victim was a minor, at least 13 years old.
  • You coerced the victim into giving you their permission by using fear, force, or intimidation.
  • You committed the offense by exploiting the victim's physical or mental impairment or incapacity.
  • Because of your conduct, the victim suffered severe bodily harm.

You could be guilty of being an aggravating sex offender if the prosecution can show all rape-related components.

Child Pornography

Code 18.2-374.1 is the law against child pornography. Anyone who creates, disseminates, or possesses child pornographic material violates this law. Remember that anyone under eighteen is considered a minor/child in this situation. Each banned behavior listed in this law is treated as a distinct offense. Thus, you can face multiple criminal charges for the same pornographic item.

There are stringent laws against child pornography. They want to deter people from downloading and disseminating pornographic content featuring children online. Copying, selling, or electronically transferring pornographic content all fall within the distribution definition. Additionally, the prosecution must show that you acted voluntarily throughout.

Breaking this law can result in various penalties. The penalties you will likely receive are based on the details of your case, the victim's age, and your criminal past. As an illustration, disseminating child pornography carries a five-year prison sentence. Creating such material can result in a sentence of up to 20 years.

Prostitution - Section 18.2-346

Prostitution occurs when you commit a sexual act like adultery or fornication for material or monetary benefit. Most prostitutes do it to obtain money, drugs, or favors. Soliciting prostitution is the act of encouraging someone else to engage in prostitution. You can face felony or misdemeanor charges under this legislation based on the specifics of your case and your criminal record. For example, it is a felony offense if any of the aggravating circumstances listed below occur:

  • At the time of the offense, the victim was 16 or younger.
  • You employed coercion, threats, or even physical violence to compel the victim to comply with your requests.
  • You carried out the deed using a potentially deadly weapon.

A misdemeanor conviction for prostitution carries a possible sentence of one year in jail and a maximum $2,500 court fine. A felony sentence carries a maximum prison sentence of ten years and $100,000 in court fines.

The Requirement to Register in the Sex Offender Registry

A crucial instrument used by many states to keep track of convicted sex offenders following their conviction is the sex offender register. The public is welcome to access the registry. Everyone benefits from knowing if there is a sex offender in their neighborhood. However, the registry harms convicted sex offenders. Convicted sex offenders experience adverse effects from their mistakes even after serving their time. You can still have trouble finding work or a good community even after changing your life. It also affects how you relate to other people.

But most sex offenses carry a mandatory legal requirement to register in a sex offender database. Certain offenses call for registration for ten years, twenty years, or even life. The specifics of your crime and your criminal background will determine everything. You will be required to do so annually, five days before or after your birthday, if the judge directs you to register in a sex offender database. Also, you must update your information each time your address changes.

There are other requirements for registration that you must fulfill throughout the registration period. They include the following:

  • Register all your identifying information in the registry for the required period, including your name, address, the offense you committed, and your physical description.
  • Notify the police every time you change your location, and make the necessary changes in the registry.
  • You must not live near institutions like schools, universities, and colleges or areas frequented by children, like parks.

Your custodial rights could be affected by a registration requirement. The court can automatically give your ex-partner custody of your child if you go through a divorce. Additionally, your options are limited in terms of jobs. Before employing a candidate, most employers run background checks on that person. Since the registration is public and anyone can look for your information, you will not enjoy any degree of privacy. The registration requirement can also impact travel arrangements.

Possible Legal Defenses To Avoid a Sex Offender or Aggravated Sex Offender Conviction

Fortunately for you, if you wish to avoid a conviction and its repercussions, the law permits you to contest your charges during a trial. Remember that a sentence for aggravated or sex offenses has profound implications that will affect every element of your life for a very long time. You need to hire a knowledgeable criminal lawyer if you face charges for a sex offense in Virginia.

Your lawyer will assist you through the arduous and complicated legal procedures, protect your rights, and employ the most excellent legal defense methods to resolve your case favorably. Here are some of the most effective strategies your lawyer can use:

You Did Not Commit a Sex Crime

Defending your sex crime accusations would be your lawyer's initial action. You are not guilty of a sex or aggravated sex offense if you did not commit a sex crime, to begin with. But your attorney needs to undermine the prosecution's case against you for that to happen. Remember that your attorney must prove all aspects of your offense for the court to declare you guilty. The judge will drop your charges if the prosecution cannot do that.

You Had The Alleged Victim’s Consent

Remember that most sex crimes are sexual acts committed against the other party's will. For example, rape charges could suffice if you had sex with someone against their will. But you will not be guilty of your accusations if the other individual can give consent (like an adult) and they agree to perform sexual acts with you. Your lawyer can prove that the alleged victim was in a sensible state of mind and understood the nature of the crime. The judge can drop your charges if that is true.

You Can Enter a Plea of Insanity

You could be allowed to enter a plea of insanity as a legal defense if your attorney can show that you only committed the crime because of a mental disease. If that is the case, you did not intend your acts to be what they were and were unaware of their nature and potential effects. If there is evidence that you had a mental disorder at the time of the sex crime, the judge will probably be forgiving.

You Were Mistakenly Identified as the Perpetrator

Mistaken identity is the main reason why some people are serving time for crimes they did not commit. Sometimes the stress of a sex crime prevents the victim from accurately identifying the offender. They can mistakenly accuse you of a crime you did not commit. If that occurred to you, your lawyer could persuade the judge to drop your charges by employing this defense tactic. However, your counsel must present supporting evidence to refute the prosecutor's case. For example, they can demonstrate that you were not at the scene when the alleged crime happened.

You Face False Allegations

You can also disprove your charges by persuading the jury that the victim or another party is accusing you inaccurately of a crime you did not commit. False allegations can occasionally occur if there is a motivation, like jealousy or a desire for vengeance. Someone close to you could make up a charge against you to exact revenge for something you did or failed to do. An enraged ex-partner could potentially be your accuser. The court will drop your charges if your attorney can show that the allegations are untrue.

Find an Experienced Sex Crime Attorney Near Me

In Virginia, aggravated sex offenders and sexual offenders face harsh penalties. Therefore, it is advisable to retain a knowledgeable sex crime lawyer as soon as possible after arrest if you are currently facing sex crime charges. Your lawyer will investigate the specifics of your case, represent you throughout the complicated legal procedure, and work to achieve a favorable result. Here at Virginia Sex Crime Attorney, we deal with all types of sex crimes. We, therefore, possess the knowledge and expertise you require to handle this challenging situation. We will employ some of the most significant legal defense tactics to win your case. Contact us at 571-933-8494 and let us discuss your situation more.