Virginia Violent Sex Crimes Laws
The Commonwealth of Virginia has several offenses involving behaviors commonly known as "rape." These offenses include rape (vaginal intercourse), forced sodomy (anal and oral sex), and sexually infiltrating objects. An overview of other sexual crimes can be found on this Virginia Criminal Lawyer page.
Rape Section 18.2-61 The state of Virginia is straightforward in its definition of rape and demands two elements for the crime. The first element requires that a person has sexual intercourse (especially vaginal intercourse) with the victim, OR the person must induce the victim to have sexual intercourse with another person.
Section 18.2-61 (A). For the second element, the behavior of the first element must be performed: 1) against the will of the victim by the use of force, threat of violence or intimidation of the victim or another person, or 2) by the mental inability of the victim to physical helplessness or 3) With a victim who is a child under 13 years. A person guilty of rape will be punished with fines including five years' imprisonment and life imprisonment.
Section 18.2-61 (B). In addition, if the circumstances of the rape meet certain conditions, the person concerned will be subject to more severe penalties. Section 18.2-61 (B). If a person (1) rapes a victim (2) under the age of 13, (3) the person is more than three years older than the victim, (4) and there was a kidnapping or abduction
(Section 18.2-47), kidnapping for immoral reasons
(sections 18.2-48),
burglary (sections 18.2-89),
entering a house intended to commit rape (sections 18.2-90),
entering an apartment intended to commit assault and other offenses (Section18.2-91) or as part of a serious malicious wounding
(section 18.2-51.2) - the person is then threatened with a life sentence of 25 years on account of heightened punishment with a mandatory minimum sentence of 25 years.
Section 18.2-61 (B) (1). If a person (1) rapes a victim (2) under the age of 13 and (3) the individual is 18 years or older, the person faces a life imprisonment for life imprisonment because of the increased sentence.
Section 18.2-61 (B) (2). Finally, there are special conditions when a person (1) rapes the injured party (2) younger than 13, and (3) the person is more than three years older than the victim, and (4) the accused is imprisoned for anything but life in prison.
Section 18.2-61 (B) (2). In particular, a person who meets these conditions forces the judge to impose an additional suspended sentence of at least 40 years imprisonment. This probation remains valid for the rest of the person's life, subject to revocation by the court.
Section 18.2-61 (B) (2). If the accused (1) rapes his spouse (2) and rapes them (3) with the consent of the prosecutor and the victim, the individual may receive a one-off offer to defer the individual against the individual for placement of the individual on probation, depending on the individual Completion of consultation or therapy.
Section 18.2-61 (C). If, after completing the consultation or therapy, the person is judged by the therapist, the court and the victim, the court may decide to dismiss the indictment against the accused.
Section 19.2-218.1. Conversely, if the individual does not complete the therapy or violates the conditions of their probation, the individual continues the rape case.
Section 18.2-61 (C). In addition to all other penalties, any individual convicted of rape must be registered for life in the Sex Offenders Registry.
Forced Sodomy Virginia Statute 18.2-67.1 Forced sex is a very similar offense as rape, but covers various sexual acts. The offense, like the non consensual intercourse, consists of two elements. First, the individual must have fellatio, cunnilingus, anilingus or anal intercourse with the victim, or cause the victim to engage in sexual activity with another individual.
Virginia Code18.2-67.1 (A). Second, the behavior of the first element must look like this: 1) through sexual acts with a child under 13 years or 2) by committing sexual acts against the will of the injured party by the use of force, threat of violence or intimidation of the injured party or another individual, or 3) By exploiting the mental or physical inability of the injured party. If an individual is guilty of violent sodomy, the individual faces a criminal sentence with a five-year life sentence.
Virginia Code 18.2-67.1 (B). If an individual (1) performs a violent sodomy with a victim (2) under the age of 13 years, (3) the individual is more than three years older than the victim, (4) and has occurred as part of a kidnapping or kidnapping
(Virginia Statute18.2-47), abduction for immoral reasons
(VA Statute 18.2-48), burglary
(VA Code 18.2-89), entering a home with the intention of committing rape (Virginia Code18.2-90),
