Virginia Child Sexual Abuse Defense Attorneys
Legal Defense for those Accused of Sexual Crimes Against Minors
Although the state of Virginia does not have specific offenses titled “sexual abuse” or “child molestation,” these phrases are commonly used to describe criminal sexual acts committed against children. This discussion focuses specifically upon statutes that prohibit sexual conduct with a minor complainant (alleged victim) solely due to his or her age. In such cases, the will of the minor complainant to freely engage in sexual conduct does not render the act legal – the act is illegal expressly due to the minor’s inability to legally consent to such conduct. For statutes that prohibit sexual conduct involving force, mental incapacitation or physical helplessness see criminal sexual assault.
Throughout the 30 years that our firm has been in business, our lawyers have successfully represented many adult individuals who have been wrongly accused of these crimes. Attorney Patrick N. Anderson in particular has developed a zeal and strong skill set for representing such individuals in this unfortunate situation. Chances are high that he has previously successfully resolved a case just like yours. If you are currently accused of committing a sexual crime against a child in the state of Virginia or online, the most important next step is to stop talking to friends and family, and call our office.
For 30 Years We Have Aggressively Defended Individuals Accused of Sexual Crimes Against Minors, Such As [see links for full statutes]:
§ 18.2-61. Rape (sexual intercourse age less than 13)
Sexual intercourse (traditional) with a child under the age of 13. Penetration (however slight) by a penis of a vagina is an essential element of the crime. A mandatory life sentence applies if the offender is 18 years of age or older. Lifetime sexual registration applies.
§ 18.2-67.1. Forcible sodomy (oral and anal sex age less than 13)
Cunnilingus (oral sex – male on female), fellatio (oral sex – female on male), anilingus (oral sex – mouth to anus), or anal intercourse with a child under the age of 13. This offense prohibits oral and anal intercourse. A mandatory life sentence applies if the offender is 18 years of age or older. Lifetime sexual registration applies.
§ 18.2-67.2. Object sexual penetration (inserting inanimate or animate objects age less than 13)
Penetrating the labia majora or anus of a child less than 13 years of age with an object, OR causing said child to so penetrate his or her own body with an object, OR causing said child to engage in such acts with any other person. A mandatory life sentence applies if the offender is 18 years of age or older. Lifetime sexual registration applies.
§ 18.2-361. Crimes against nature (incest by oral and anal sex)
Performing or causing to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by one’s daughter or granddaughter, son or grandson, brother or sister, or father or mother – this is a Class 5 felony. However, if the parent or grandparent commits any such act with his child or grandchild who is 13-17 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony. Lifetime sexual registration applies.
§ 18.2-67.3. Aggravated sexual battery (sexual contact age less than 13; incest by sexual contact; sexual contact by force or causing injury age 13-15)
1) Sexually abusing a child under the age of 13; 2) the sexual abuse of a child 13-18 years old by a parent, step-parent, grandparent, or step-grandparent; 3) sexual abuse of a child against his or her will by force, threat or intimidation, AND the child is age 13-15 years of age, or serious bodily or mental injury is caused, or the accused uses or threatens to use a dangerous weapon. “Sexual abuse” means an act committed with the intent to sexually molest, arouse, or gratify any person, pertaining to sexual contact of intimate parts, either under or over clothing. It is a felony punishable by confinement for term of not less than one nor more than 20 years and by a fine of not more than $ 100,000. Lifetime sexual registration applies if the child is less than 13 years of age.
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age (sexual contact age 13-14)
See above for meaning of “sexual abuse.” With lascivious intent, sexually abusing a child 13 years of age or older but under 15 years of age (13-14). Lascivious Intent has been defined by the VA Supreme Court as “‘a state of mind that is eager for sexual indulgence, desirous of inciting to lust or of inciting sexual desire and appetite.” This offense is a Class 1 misdemeanor.
§ 18.2-370.6. Penetration of mouth of child with lascivious intent (kissing with tongue age less than 13)
With lascivious intent, kissing a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of the child with his tongue. This applies to any perpetrator 18 years of age or older. This offense is a Class 1 misdemeanor and requires sexual registration pursuant to § 9.1-908.
§ 18.2-370. Taking indecent liberties with children (age less than 15 – exposing genitals; proposing sexual act )
Being 18 years of age or older, with lascivious intent, knowingly and intentionally committing certain acts with any child under the age of 15 years. This offense prohibits exposing one’s genitals; proposing that a child expose his or her genitals; proposing that a child fondle his or her, or perpetrator’s genitals; proposing that perpetrator fondles child’s genitals; proposing any sexual act with child; enticing, alluring, persuading, or inviting a child to enter any vehicle, room, house, or other place for purpose of the previously mentioned acts. Class 5 Felony. Lifetime sexual registration applies.
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age (statutory sexual assault age 13-14)
Without the use of force, to “carnally know” a child 13 years of age or older but under 15 years of age (13-14). “Carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration. If the perpetrator is 3 years or more older than the child, the offenses is graded as a Class 6 Felony; otherwise if the perpetrator is less than 3 years older, it is graded as a Class 4 misdemeanor. Birth dates are used to determine age gap. Lifetime sexual registration applies where the perpetrator is more than five years older than the child.
§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant (statutory sexual assault age 15-17)
(Subparagraph ii) – By a person 18 years of age or older, engaging in consensual (without force) sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child 15-17 years of age. Class 1 misdemeanor.
OTHER – For criminal sexual assault crimes not limited to minor alleged victims, see Criminal Sexual Assault
“Before talking to and eventually hiring Patrick, I was stuck in worst-case-scenario mode and almost lost hope due to the nature and gravity of the charges against me. Had he not given me encouragement, hope and an incredible legal defense I probably would be spending the latter days of my life in jail. I have the deepest of gratitude for him and his wonderful associates and staff. Thank You!….” Read more >>
Alleged sexual offenses of this nature are relentlessly pursued by prosecutors; carry the most severe penalties; typically require sex offender registration; and require a highly sophisticated and specialized legal defense which sometimes involves involving defense medical experts. Quite often, the chief or even sole evidence in these types of cases is simply the statements of the child complainant. In most other types of cases this limited evidence is less potent, but in child sexual abuse cases the inherent bias that many people have about children not lying creates a special challenge. For this reason and many others, it is absolutely essential that you hire only a defense lawyer that has ample experiencing with these specific cases.
If you even suspect that you are being accused of committing a sexual act against a child in Virginia, please contact Attorney Patrick N. Anderson right now. We will use our experience and influence to help you. Call us 24/7 for a free consultation…acting as soon as possible is always advised.
Where We Practice
Over the last 30 years we have been providing aggressive legal representation in:
- City of Alexandria
- Arlington County
- Fairfax County
- Prince William County
- City of Manassas
- Loudoun County
- Stafford County
- Fauquier County
- City of Winchester
- Federal Court
Contact Us 24/7
Phone: (703) 930-5117
333 North Fairfax Street, Suite 310
Alexandria, VA 22314
4021 University Drive, Suite 101
Fairfax, VA 22030