If you or a loved one has recently been sexually assaulted or abused, you may be wondering how Virginia sexual abuse statutes could apply to the criminal prosecution of your offender. Are you struggling with questions like:
Our experienced victims' rights lawyers can help guide you through this difficult time. Contact our legal team to schedule your free, confidential case consultation today.
When an innocent victim gets sexually assaulted or suffers sexual abuse as a child, it's normal for the victim and their families to wonder what type of punishment their assaulter may face. Each state has different statutes which are used to prosecute sexual offenders. If you're curious about how Virginia's sexual abuse and sexual assault statutes may apply to the criminal prosecution of your offender, you can find summaries of the state's main statutes below.
It's important to remember that these laws frequently change. In order to get a better picture of what to expect from the criminal justice system, you may need to discuss the details of your case with an experienced victims' rights lawyer.
Additionally, a lawyer can help you explore other legal options, such as a sexual abuse lawsuit against the perpetrator or negligent third parties who allowed the abuse to occur (such as negligent supervision at a summer camp, failure to screen employees for a history of sexual offenses, etc.).
From Virginia Beach and Richmond to Charlottesville and Alexandria, our knowledgeable Virginia victims' rights lawyers have experience representing victims of sexual assault in both criminal and civil courts. Partner Brian Kent, Esq. began his legal career as a prosecutor before transitioning to the civil arena. To find out more about how your family can find justice, get in touch with us today for a free consultation.
In the majority of cases involving child sexual abuse, the child predator will be prosecuted under one or more of the following laws:
A person is guilty of this offense if he or she engages in sexual intercourse, oral sex, anal sex, or another sexual act with a child between 13-15 years old. This charge can be applied in one of three degrees of severity:
Any adult who kisses a child under 13 years old using tongue is guilty of a Class 1 misdemeanor punishable by up to 12 months in prison and maximum fines of $2,500.
Any adult who sexually abuses a child between ages 13-15 is guilty of a Class 1 misdemeanor punishable by up to 12 months in prison and a maximum of $2,500 in fines.
An adult is guilty of taking indecent liberties with children if he or she commits any of the following acts with a child under the age of 15 years old:
Upon a first conviction, the charge will be a Class 5 felony - punishable by up to 10 years in prison and fines up to $2,500.
On subsequent convictions, the charge will be upgraded to a Class 4 felony - punishable by 2-10 years in prison and fines up to $100,000.
Sex offenders who victimize adults are usually charged under one of the following five crimes in Virginia, although there are additional criminal sexual assault statutes that may apply.
A person is guilty of sexual battery if he or she sexually abuses a victim under any of the following circumstances:
This Class 1 misdemeanor is punishable by up to 12 months in prison and maximum fines of $2,500.
An accused person can be convicted of forcible sodomy if they engage in anal or oral sex under any of the following circumstances:
This felony is punishable by 5 years to life in prison.
A person is considered guilty of object sexual penetration if they use any inanimate or animate object to penetrate a victim's genitals or anus under either of the following circumstances:
This felony is punishable by a maximum sentence of life in prison.
In Virginia, a person is guilty of rape if they engage in sexual intercourse with another person under any of the following circumstances:
This felony is punishable by a minimum of 5 years and maximum of life in prison.
In Virginia, it's a crime for anyone who is knowingly infected with HIV, syphilis, or hepatitis B to engage in sexual intercourse, oral sex, or anal sex with another person with the intent to transmit the disease. This is a Class 6 felony punishable by up to 5 years in prison and up to $2,500 in fines.
It's also illegal for someone infected with one of these diseases to engage in sexual intercourse with another person without notifying them about their disease. This is a Class 1 misdemeanor punishable by up to 12 months in prison and fines up to $2,500.