Virginia Statutory Rape Lawyer
Statutory Rape Lawyer in Virginia
Most people understand that the lack of consent of the victim is a key element in proving the crime of rape.
If a person who fulfills the definition of a minor is involved in sexual intercourse, even if it is by mutual agreement, the act may subject the other participant to an indictment, commonly referred to as legal rape. The reason for this is that the law deems young people under a certain age incapable of giving informed consent to sex.
Allegations of this nature may seem particularly surprising or unfair, especially if the defendant is also a minor and may never have had legal difficulties in the past.
Given the potentially devastating effects of a rape that can affect anyone, especially someone who has just started living their life, it is important to seek the help of a knowledgeable Virginia rape attorney as soon as possible,as soon as an investigation or indictment has been filed.
Important provisions of the Virginia Code
As a rule, a Virginia rape lawyer or Virginia Criminal Lawyer wants to know what the police know and what the charges are.
In Virginia, rape is primarily prosecuted in two ways and the potential sanctions are based on the actual behavior of the parties and the age of the victim at the time of the crime.
According to Virginia Code Section 18.2-61, the Commonwealth's General Rape Act, a person may be found guilty of a crime if he or she has had sex with a child under the age of 13.
Depending on the age of the offender, a prison sentence of no less than five years to life imprisonment may apply. The Virginia Code section 18.2-63, provides that any person who carnally knows a child between the ages of 13 and 15 years can be found guilty of having committed a Class 4 felony crime.
Carnal knowledge within the meaning of the law includes sexual penetration, oral sex and other acts.
In cases where both parties were minors, a defendant may be subject to conviction for class 6 felony crime or class 4 felony offense, depending on the age difference between the two parties.
Each of these crime classifications carries imprisonment and / or fines. It should be noted that statutory rape is not a crime for which a prosecutor must prove that a non consensual encounter has taken place.
However, acts of this kind, which are in fact violent, can also be prosecuted under the Aggravated Sexual Battery Law of Virginia, which is found in Sections 18.2-67.3 of the Virginia Code. In each of these cases, regardless of the strength and category of offense, it is crucial to consult a Virginia statutory rape lawyer to discuss possible defense options.
Possible consequences of the conviction
Although many of the incidents described as rape are actually consensual acts committed by people who have no criminal intent, the consequences of a conviction are extremely stressful and can cause lifelong grief.
Even after the sentences have been served and the fines paid in full, those convicted of legal rape in Virginia may need to register as a sex offender in order to burden them with a social stigma that will follow them for the rest of their days.
Such a criminal record may affect future employment prospects, lead to the loss of existing jobs, prevent the admission to certain professional organizations and harm relationships and reputation in countless ways. For these reasons, anyone accused of statutory rape in Virginia owes himself and his family the most energetic legal defense available.
Why Hire a Statutory Rape Attorney in Virginia? In terms of impact on future success, some things are more devastating than a criminal record are crimes that are of a sexual nature.
The lifelong effects of such an event may prove financially, emotionally and socially debilitating. A Virginia statutory rape attorney may try to drop or reduce the charges.
However, if these options turn out to be unsuccessful, he or she can effectively negotiate a lower sentence to mitigate the damage claims of this kind. If you are being charged with statutory rape in Virginia and are eager to protect your right to fair treatment under the law, contact a Virginia sex crimes lawyer in our office as soon as possible.
