Sexual Violence and the Laws in Virginia

The state of Virginia recognizes three major types of sexual violence and has defined the laws for them as well. These three sexual offenses are as follows:

  1. Rape
  2. Forcible Sodomy
  3. Statutory Rape

These violent sexual offenses are very serious and the law is very harsh against them. It is important that once you find yourself in a situation like this, you consult a professional lawyer to help you get out of it.

1.    Rape

How is it defined?

Rape can be defined as engaging in non-consenting sexual intercourse with the victim or causing the victim to engage in the sexual intercourse with someone else in an act which is:

  • Against the will of the victim
  • By force, bullying, or threat to the victim
  • Through the use of the victims’ physical incapacity or mental helplessness
  • With a child under the age of thirteen years

What are the punishments for rape? 

The felony, which is punishable by, for any term not less than 5 years is:

  • If the victim is under the age of thirteen and the perpetrator is more than three years older than the victim the punishment should include a minimum term of twenty-five years
  • If the person harmed is under the age of thirteen years and the perpetrator was eighteen years or older at the time the offense was carried out, the punishment should include an obligatory minimum term of life imprisonment.

2.    Forcible Sodomy

How Is It Defined?

Engaging in anal intercourse, fellatio, anilingus, or cunnilingus with the victim, or forcing the victim, to participate in such acts with someone else, and:

  • The victim is younger than thirteen years old
  • The act is carried out without the consent of the victim through force, bullying, or threat to the victim
  • Through the use of the victims’ physical incapacity or mental helplessness

What are the punishments for Forcible Sodomy? 

The felony which is punishable by for any term not less than 5 years is:

  • If the victim is under the age of thirteen and the perpetrator is more than three years older than the victim the punishment should include a minimum term of twenty-five years
  • If the person harmed is under the age of thirteen years and the perpetrator was eighteen years or older at the time the offense was carried out, the punishment should include an obligatory minimum term of life imprisonment.

3.    Statutory Rape

How is it defined?

  • Statutory Rape is typically used in order to refer to the sexual penetration, which is illegal, as it involves a young person and consent is irrelevant. Even though the state of Virginia specifically penalizes voluptuous knowledge of a youngster between the ages of thirteen and fifteen years, the felonies of rape along with forcible sodomy to target statutory rape under numerous circumstances.
  • Statutory rape can be defined as rape if the perpetrator is involved in sexual intercourse and the victim is less than thirteen years old; or if the perpetrator causes them to participate in sexual activities with another person.

What are the punishments for Statutory Rape? 

  • If the victim is under the age of thirteen and the perpetrator is more than three years older than the victim the punishment should include a minimum term of twenty-five years
  • If the person harmed is under the age of thirteen years and the perpetrator was eighteen years or older at the time the offense was carried out, the punishment should include an obligatory minimum term of life imprisonment.

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