For 34 Years We Have Aggressively Defended Individuals Accused of Sexual Assault Crimes, Such As [see links for full statutes]:
§ 18.2-61. Rape
Engaging in sexual intercourse with a person, or causing one person to engage in sexual intercourse with another, under the following conditions:
1) against a person’s will, by force, threat or intimidation;
2) while a person is mentally incapacitated or physically helpless; or
3) when a person is less than 13 years of age.
Case Notes and Considerations
- being married does not create an exception
- it is not a crime to engage in in consensual sexual intercourse with all mentally impaired or retarded persons
- the essential element of penetration must be proved beyond a reasonable doubt
- proof of penetration, however slight the entry may be, is sufficient
- proof of penetration can be established via circumstantial evidence
- aggravated sexual battery is not a lesser-included offense of rape
- threat means expression of an intention to do bodily harm. Intimidation may occur without threats. Intimidation means putting a victim in fear of bodily harm by exercising such domination and control of her as to overcome her mind and overbear her will
- attempted rape consists of the intent to engage in sexual intercourse, and some direct, yet ineffectual, act towards its consummation
- punishment for rape can be 5 years to life, mandatory 25 years, or lifetime imprisonment depending upon the circumstances of the conduct
- lifetime sexual registration applies
§ 18.2-67.1. Forcible sodomy
Engaging in cunnilingus (oral sex – male on female), fellatio (oral sex – female on male), anilingus (oral sex – mouth to anus), or anal intercourse with a person, or causing one person to engage in these acts with another, under the following conditions:
1) against a person’s will, by force, threat or intimidation;
2) while a person is mentally incapacitated or physically helpless; or
3) when a person is less than 13 years of age.
Case Notes and Considerations
- being married does not create an exception
- it is not a crime to engage in in consensual sexual acts with all mentally impaired or retarded persons
- the essential element of penetration must be proved beyond a reasonable doubt
- proof of penetration, however slight the entry may be, is sufficient
- proof of penetration can be established via circumstantial evidence
- penetration of any portion of the vulva is sufficient to prove sodomy by cunnilingus
- sexual battery not a lesser-included offense of forcible sodomy
- punishment for forcible sodomy can be 5 years to life, mandatory 25 years, or lifetime imprisonment depending upon the circumstances of the conduct
- lifetime sexual registration applies
§ 18.2-67.4. Sexual battery
Sexually abusing a person under the below conditions. “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.
1) against the will of a person, by force, threat, intimidation, or ruse;
2) when the person is an inmate and the perpetrator is a jail or prison employee who has authority over the person;
3) when the person is probationer and the perpetrator is a certain agency employee who has authority over the person
Case Notes and Considerations
- sexual battery is a Class 1 misdemeanor
- sexual battery is a lesser included offense of aggravated sexual battery
- assault and battery is a lesser included offense of sexual battery
§ 18.2-67.3. Aggravated sexual battery
Sexually abusing a person under the below conditions. “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.
1) the person is less than 13 years of age;
2) while a person is mentally incapacitated or physically helpless;
3) when the act is committed by by a parent, step-parent, grandparent, or step-grandparent AND the complaining witness is at least 13 but less than 18 years of age (13-17)
4) the act is accomplished against the will of the person by force, threat or intimidation, AND:
a. the complaining witness is at least 13 but less than 15 years of age (13-14), or
b. the accused causes serious bodily or mental injury to the person, or
c. the accused uses or threatens to use a dangerous weapon
§ 18.2-67.2. Object sexual penetration
Penetrating the labia majora or anus of a person, or causing a person to so penetrate his or her own body with an inanimate or animate object, or causing a person to engage in such acts with any other person under the below conditions:
1) against a person’s will, by force, threat or intimidation;
2) while a person is mentally incapacitated or physically helpless; or
3) when a person is less than 13 years of age.
Case Notes and Considerations
- offense prohibits object insertion and digital penetration (finger insertion)
- being married does not create an exception
- an exceptions exists for bona fide medical purposes
- punishment can be 5 years to life, mandatory 25 years, or lifetime imprisonment depending upon the circumstances of the conduct
- proof of penetration, however slight the entry may be, is sufficient
- proof of penetration can be established via circumstantial evidence
OTHER – For sexual crimes specifically involving minors, see Sexual Abuse.
