An Overview of Virginia’s Rape and Sexual Battery Laws

Virginia has several laws and statutes that specifically address rape and sexual battery. They are serious crimes and must be closely specified to ensure that those being charged are charged with the appropriate criminal offense. 

How is Rape Defined in Virginia?

Virginia Section 18.2-61 defines rape as “sexual intercourse with a person, whether or not their spouse” and falls under one of the following conditions:

  • “Against their will by force, threat or intimidation against the victim or another person”
  • “Through the use of the victim’s mental incapacity or physical helplessness”
  • “If the victim is under 13 years old”

How is Aggravated Sexual Battery Defined in Virginia?

Virginia Section 18.2-67.3 defines aggravated sexual battery as sexual abuse under one of the following circumstances 

  • “If the victim is less than 13 years old”
  • “Through the use of the victim’s mental incapacity or physical helplessness”
  • “The offender is a parent, grandparent, step-parent, or step-grandparent and the victim is between 13 and 18 years old;”
  • “Against the victim’s will by force, threat or intimidation, and either (1) the witness is between 13 and 15 years old, (2) the offender causes serious injury (bodily or mental) to the victim, or (3) the offender used or threaten to use a dangerous weapon.”

How is Sexual Battery Defined in Virginia?

Virginia Section 18.2-67.3 defines sexual battery as sexual abuse under one of the following conditions:

  • “Against their will by force, threat, intimidation, or trick;
  • “Within a two-year period more than one victim or with one victim on more than one occasion without consent;”
  • “If the victim is an inmate and the offender is in a position of authority over the victim”
  • “If the victim is a probationer, parolee, or pretrial defendant and the offender is in a position of authority over the victim”

The punishments for these crimes range from high-level misdemeanors to significant felonies and come with fines and jail or prison sentences. 

 

If you’re facing one of these serious sex crime charges in Virginia, it’s vital to have an experienced criminal defense attorney on your side. B.R. Hicks, P.C. has been practicing for 40 years and is ready to put his experience behind your case. Call (703) 354-4000 to learn more and schedule a free consultation.