Virginia Sexual Assault Defense Lawyers

Serving Virginia for 30 Years

Legal Defense for those Accused of Criminal Sexual Assault

Although the state of Virginia does not have a specific offense called “sexual assault,” this term is commonly used to describe criminal sexual acts that are committed against the will of a person, or committed while the person is in an incapacitated state. For purposes of this narrative, this discussion focuses upon sexual offenses of this nature, and does not focus on offenses that are specific to sexual acts against minors.

Sexual offenses in Virginia that prohibit sexual acts from being committed against the will of a person, or committed while the person is in an incapacitated state include rape, forcible sodomy, sexual battery, aggravated sexual battery, and object sexual penetration. The seriousness of such charges cannot be overstated, and hiring a criminal lawyer who has extensive experience with these specific cases is highly advised.

The main difference among these offenses involves the type of sexual act that is committed. Rape involves traditional sexual intercourse (penis to vagina); forcible sodomy involves oral and anal intercourse; sexual battery involves sexual contact (touching); aggravated sexual battery involves sexual contact (touching) under more egregious circumstances; and object sexual penetration involves the insertion of objects or fingers. More details of the differences are below, and by clicking on the link of each statute you will be taken to its full code.

For 30 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

§ 18.2-67.2Object 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.

CLIENT TESTIMONIALS

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If you even suspect that you are being accused of committing an act of criminal sexual assault 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.

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You can reach us 24/7 at (703) 930-5117, or email us for a free consultation. Rest assured that any information provided to us is completely confidential. We look forward to helping you.

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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

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Phone: (703) 930-5117

Alexandria, VA
333 North Fairfax Street, Suite 310
Alexandria, VA 22314

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Fairfax, VA 22030

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