Many Virginia laws fall under the broader sex crimes category. Whether filed as a misdemeanor or felony, a sex crime is a severe offense resulting in lengthy prison confinement and hefty court fines. Additionally, the social stigma associated with the offense makes it difficult to integrate with society. With the severity of the charges, authorities prosecute these charges aggressively, and the jury or bench will not hesitate to issue a guilty verdict.

Therefore, if you face a sex crime charge, it is critical to have an experienced criminal attorney in your corner to safeguard your rights. The allegations could be false, which is very common, and you need someone to prove false accusations. An experienced defense attorney is the right person for the job because they will uncover the actual events to show the victim had malicious motives for the accusations. At Virginia Criminal Attorney, we can assist you in fighting the allegations for a favorable outcome in Fairfax and Northern Virginia. Our attorneys have highlighted some of the sex crimes we deal with below.

Sex Crimes Legal Definition

Title 18.2 of the Virginia Code, generally Sections 61 to 67.10, covers sex crimes. The statutes define sex crimes as illegal sex conduct performed on individuals who have not or cannot consent to the act. Most of these offenses involve bodily contact with the victim, but not all of them. Some offenses do not involve physical contact. Instead, they include actions by the victimizer that are against the victim’s will, like indecent exposure.

Most sexual offenses, upon conviction, come with an additional condition on top of the legal penalties requiring the abuser to enlist as a sexual predator or offender.

Virginia laws separate sex crimes into sexual offenses and sexually violent crimes. Sexual crimes involving physical force or violence attract the harshest penalties, and they include:

  • Sodomy by force
  • Rape
  • Penetrative sex using an object
  • Aggravated sexual battery
  • Engaging in indecent or lewd acts with a minor

In contrast, sexual offenses are less severe, although a guilty verdict under any category attracts life-changing consequences, hence the need to contest the allegations aggressively.

Rape Under Sec. 18.2-61 

Sec. 18.2-61 of the Virginia Code defines rape as the non-consensual penetrative sex with another party, a spouse or not, accomplished in the following ways:

  • Without the victim’s consent, using physical force and threats to the accuser or their immediate family
  • Or by taking advantage of the complainant's physical or mental incapacity
  • With a minor younger than thirteen

When prosecuting the case, the court considers the existing facts, like age. A child under thirteen is legally unable to consent to sexual acts. Even if the minor consented to the act and you did not apply force or threats, your actions remain rape. Also, an individual with mental, emotional, or physical impairment is deemed by law unable to approve sexual conduct lawfully.

A contravention of this law section attracts at least 60 months of prison confinement and, at most, life incarceration. The penalties depend on the age gap between you and the complainant. If you are over 36 months older than the victim during the rape incident, you will face at least 25 years of prison confinement. If you are over 18 years old during the offense and the offense constitutes abduction or kidnapping, a conviction will result in mandatory life incarceration.

The prison incarceration imposed for rape charges is served consecutively alongside other prison sentences imposed. If the victim is below 13 and you are over 18 and at least 36 months older than the complainant, the court imposes an additional deferred sentence of at least forty years if the sentence imposed is less than life prison confinement. The sentence stays suspended or deferred for the rest of your life.

You should know that it is valid until proven otherwise that a child 10 years of age or older but younger than twelve lacks the physical capacity to commit rape.

Besides, when necessary, the court can suspend part of or the entire rape sentence if the defendant is a spouse to the victim and instead impose mandatory counseling. After considering the victim's opinion and proof relevant to the case, the court decides whether to impose the deferred sentence. The judge imposes the suspended sentence to preserve the home or family unit and does so if it is in the complaining witness’s interest.

If you fail to complete the counseling program as instructed, they will revoke the suspended sentence and send you to prison to serve the initial sentence imposed for your violation.

Sodomy Using Force Under Sec. 18.2-67.1

You are guilty of forcible sodomy when you participate or force an individual, your spouse or not, to engage in anal, fellatio, or cunnilingus intercourse when the victim is:

  • Younger than 13
  • You accomplish the act through physical force, intimidation, or by exploiting the victim’s mental or bodily incapacity

Sodomy accomplished by force is chargeable as a felony, and a guilty verdict carries at most life incarceration and at least 60 months of prison confinement.

Additionally, if you, the victimizer, are 36 months older than the abused party and you kidnapped or abducted the victim to accomplish the act, you will face at least 25 years of prison confinement. These penalties are severe, particularly when wrongfully convicted. Therefore, you should hire an experienced lawyer to find missing evidence or one obtained unlawfully. If a conviction is imminent, you need an attorney to submit compelling mitigating factors for reduced penalties or alternative sentencing.

Carnal Knowledge of a Minor Under Sec. 18.2-63

Per Sec. 18.2-63, if you carnally know a minor 13 or older but younger than 15 without the use of physical force, you are guilty of a Class 4 felony. However, the offense becomes less severe if you and the consenting minor are under 18. The one at least three or more years older than the other will face Level 6 felony charges.

Nevertheless, when two minors have carnal knowledge, the one less than three years older than the other will face Level 4 misdemeanor charges and a possible conviction.

If your child faces these charges, you can calculate their age difference with the victim using their birthdates. For purposes of this statute, carnal knowledge refers to acts like:

  • Sexual intercourse
  • Inanimate sexual penetration with an object
  • Animate sexual penetration with an object
  • Anal intercourse
  • Sexual intercourse
  • Fellatio
  • Anilingus and cannilingus

A Category 4 felony upon conviction carries at least 24 months and no more than 120 months of prison confinement and a court monetary fine of no more than $10,000.

A conviction for a Class Six felony carries a maximum sentence of 60 months in prison and a court fine not exceeding $25,000.

When you or your child faces carnal knowledge charges, you should speak to a proficient attorney immediately. The first advice the attorney will give is to stay silent during police interrogation to avoid divulging self-incriminating information. Also, avoid discussing the case over the phone near the police station because you do not know the people listening, and you could end up disclosing crucial information that the DA could use against you to secure a conviction.

Sexual Penetration With an Object Under Sec. 18.2-67.2

You, an accused person, are guilty of penetrative sex using an object if you penetrate the labia majora or anus of an accuser, married or unmarried to them, when it is not for genuine medical reasons or cause the victim to penetrate their body or someone else’s body. Sexual penetration, even by an animal, is a violation of this section of Title 18.2. The sexual penetration by an object must occur under the following circumstances:

  • The victim should be younger than 13
  • The penetration must be attained against the victim’s will through physical force, threats, or by taking advantage of the victim's physical or psychological impairment.

Sexual penetration using an object is a felony that attracts at least 60 months and no more than life confinement in prison.

Additionally, where you, the victimizer, are over 36 months older than the accuser and the crime is accomplished in conjunction with an abduction, burglary, or kidnapping, your sentence when found guilty, will include prison incarceration for at least 25 years.

When you, the offender, are an adult and over 36 months older than the accuser, you will face a compulsory minimum sentence of life incarceration. The minimum sentence prescribed under the section is served consecutively or sequentially with the baseline sentence.

If you are convicted and it turns out your spouse is the accuser, the court can sentence you to a suspended or deferred sentence before issuing the guilty sentence. When the court defers your sentence, it places you on probation with conditions like mandatory completion of therapy. If you abide by the court terms, the court will discharge you and drop the charges, but after considering the victim’s views and relevant proof. The court opts for a deferred sentence to preserve the family and, if doing so, will promote the victim’s interest. Nevertheless, when you violate probation terms by not completing your counseling, the court will issue a guilty verdict and proceed to sentence you as provided by law.

Aggravated Sexual Battery Under Sec. 18.2-67.3

You violate Sec. 18.2-67.3 when you sexually abuse an individual under these circumstances:

  • When the accuser is younger than 13
  • The sexual assault is accomplished by taking advantage of the accuser’s mental, emotional, or physical incapacity.
  • You, the accused or defendant, are the victim’s parent, grandparent, step-parent, and step-grandparent, and the accuser is younger than 13
  • You accomplish the abuse without the victim’s consent, utilizing physical force or threats, and it turns out that (1). The accuser’s age is between thirteen and fifteen (2). You inflicted severe physical or mental harm to the victim (3). You used a lethal weapon or threatened to utilize one to accomplish the sexual abuse.
  • The violation is not recognized as treatment in your profession, and you committed it without express or explicit consent from the victim. You can commit the offense as (i) a massage therapist or an individual pretending to be one, (ii) an individual practicing healing art or purposing to be active in the same, (ii) a physical therapist (PT), or an individual posing as a PT.

A violation of this section is a felony, and if the prosecutor proves the above elements, you risk the following legal penalties when found guilty:

  • Between one and twenty years of prison confinement
  • A monetary fine of at most $100,000

Sexual Battery Under Sec. 18.2-67.4

Sexual battery is a class-one misdemeanor. You are guilty of the offense if:

  • You sexually abuse another party
  • You do so against the complaining witness’s will through violence or threats
  • Within 24 months, you have sexually abused multiple victims or one victim in several incidents deliberately and devoid of the victim’s approval.
  • Your sexual abuse victim is an inmate in a jail or prison where you are a worker or volunteering, and you have power over the detainee and are aware they are in the local or regional correctional facility jurisdiction.
  • The victim is a parolee or probationer, and you, as an employee, volunteer, or contractor in the corrections department, have control over them.
  • The victim is an arrestee or detainee, and you, the accused, are a police officer

Under the circumstances, a guilty verdict for sexual battery will attract at most twelve months of jail incarceration and financial court fines not exceeding $2,500.

Infected Sexual Battery - Section 67.4:1 of Title 18.2

Section 67.4:1 of Title 18.2 prohibits an individual diagnosed with a sexually transmitted disease like HIV, AIDS, or syphilis from participating in sexual conduct like anal intercourse, sexual intercourse, fellatio, or anilingus with the plan to spread the infection or disease to another person and successfully transmit it. The offense is a Class Six felony, and if the prosecutor proves all the case’s elements, you will face these penalties:

  • Twelve to sixty months of prison incarceration
  • Court-imposed fines of no more than $2,500

The jury or bench can impose a reduced sentence of no more than a year, depending on the mitigating circumstances in your case.

When you knowingly infect someone with a sexually transmitted disease without informing them of the condition before the sexual act, your offense is a Level 1 misdemeanor. A conviction for the offense attracts at most one year of jail incarceration and court fines of at most $2,500.

Attempted Sexual Offenses Under Sec. 18.2-67.5

Attempted felony sexual offenses are prescribed under Sections 25 and 26 of Title 18.2. However, the penalties for these attempted sexual violations are outlined under Sec. 67.5 and are as follows:

  • Attempted sodomy using force, sexual penetration with an object, and rape are categorized as Level 4 felonies. A guilty verdict carries 24 to 120 months of prison incarceration and financial court fines of at most $100,000.
  • An attempt to perpetrate an aggravated sexual battery offense is filed as a Level 6 felony that carries twelve to sixty months of prison confinement or a reduced sentence of at most one year of jail confinement and court fines of $2,500.
  • An attempt to engage in sexual battery, even if the crime is not accomplished, is a Category 1 misdemeanor that attracts no more than a year of confinement and court-imposed fines of at most $2,500.  

Penalties for a Third Misdemeanor Guilty Verdict

When the jury or judge finds you guilty of any sexual offense categorized as a misdemeanor, and it is discovered that over a ten-year window, the court has convicted you of two misdemeanor sexual offenses, the offense becomes a Level 6 felony, and it is no longer a misdemeanor. The penalties for the third violation will be twelve to sixty months of incarceration or a reduced sentence of one year in a local jail and a court fine of at most $2,500.

Prostitution or Solicitation

A common misdemeanor sexual offense is prostitution, which is a class one misdemeanor and attracts the same penalties as provided for misdemeanor sexual offenses.

Sex Crimes Involving Children

The typical sex offenses deemed crimes against children include:

Sexual Abuse Involving a Child Younger than 15 Under Virginia Code Sec. 18.2-67.4:2

Per Virginia Code Sec. 18.2-67.4:2, it is a misdemeanor for an adult with lascivious, lewd, or lustful interests to sexually abuse a minor 13 or older but younger than 15. For purposes of this section, sexual abuse means:

  • An act intended for sexual arousal or satisfaction by touching intimate parts or covering clothing
  • Causing or helping a minor younger than thirteen to touch themselves or another person for arousal or gratification
  • Use of force to compel someone to engage in conduct intended for sexual arousal or satisfaction
  • Forcing someone to perform acts aimed at sexual arousal or satisfaction on another

Indecent Liberties or Lewd Conduct With a Minor Under Sec. 370 of Title 18.2

Under Sec. 370 of Title 18.2 of the Virginia Code, you commit a Class five felony as an adult when, knowingly or willfully and with lewd or lustful interests, perform the following conduct on a minor younger than fifteen:

  • Expose your intimate parts or propose to expose them to a minor when the two of you are unmarried
  • Suggest to a child to touch your genitals, the minor’s private parts, or propose to another person to do the same to a minor

A suggestion for anal intercourse, sexual intercourse, oral sex, or an attempt to have a child enter a car or structure with the intent to perform sexual or anal intercourse is a class 4 felony if you are a parent, grandparent, stepparent, or step-grandparent. Nevertheless, if the child is over fifteen, the offense stays a level 5 felony. 

When you, an adult, obtain money or payment for letting, encouraging or luring a minor into sexual exploitation to create visual sexual material or promote the same behavior, you will face charges under the category four felony.

This section's second or subsequent violation is chargeable as a Level 4 felony, attracting harsher penalties.

When your child, older than thirteen but below the legal age, takes indecent conduct with another minor below 14 years, and your child is five or more years older than the other, your juvenile will face Level 1 misdemeanor charges for violation of this subsection.

Penetration of Mouth of Child With Lascivious Intent - Sec. 18.2-370.6

The law makes it a Level 1 misdemeanor violation for an adult to penetrate a minor’s mouth with lustful interests or intent if the child is younger than 13.

Utilizing Communication Systems to Encourage Crimes Against Minors

Soliciting with lewd intent using a computer, computer network, or electronic communication device is a crime if you attempt to involve a child under 15 in particular activities like:

  • Exposing their genitals
  • Fondling intimate parts
  • Sexual conduct involving oral copulation, anal intercourse, or penetrative sex
  • Enticing, persuading, or inviting a minor in a vehicle or structure to engage in sexual acts mentioned under this section.

During prosecution, the prosecutor demonstrates that:

  • You, the defendant, attempted to engage in certain acts prohibited under this section
  • The victim of your actions was younger than fifteen
  • You were aware or ought to have been aware the victim was a child
  • You were 18 or older during the crime

A conviction for this crime carries a maximum of 120 months of prison confinement and court fines of no more than $25,000.

If you are seven or more years older than the victim, the punishment when found guilty includes five to thirty years of mandatory prison incarceration.

Sec. 18.2-374.3 also includes minors above fifteen when involved in the production, publication, or distribution of child pornography. A sex offense of this nature is a Level 6 felony, attracting a mandatory 60 months of incarceration. Additionally, it is unlawful to utilize communication systems for detention, human trafficking, or prostitution.

With the severity of sex offenses against children like child pornography, law enforcement aggressively fights and punishes these offenses. Child pornography possession is a level 6 felony with a sentence of at most 60 months. A subsequent charge is a level 5 felony with no more than 120 months of prison incarceration upon conviction. Distribution of this pornographic material carries five to twenty years of prison confinement upon conviction.

Find a Proficient Sex Crimes Defense Attorney Near Me 

When you face sex crime charges, the penalties on the line can be overwhelming. Nevertheless, your case is not hopeless because good defenses exist that you can exploit to obtain a charge reduction or dismissal. Contact an experienced criminal attorney with knowledge of these cases immediately after arrest or when you learn of an impending arrest to ensure you have the proper defenses to contest the accusations. At Virginia Criminal Attorney, we can offer the legal counsel you require for a favorable result. Call us at 703-718-5533 for a no-obligation consultation in Fairfax and Northern Virginia.