Virginia Sex Crimes Legal Questions

VA CODE § 18.2-63 pertains to intercourse consent purposes, “(i) a child under the age of thirteen years shall not be considered a consenting child” regardless of the age of the accused. In Virginia even a reasonable mistake of age is not a defense to statutory rape, in calculating the ages for consent, “the actual dates of birth of the child and the accused, respectively, shall be used.” VA CODE § 18.2-61 pertains to the charge of Rape.  Specifically “A. If any person has sexual intercourse…(iii) with a child under age 13 as the victim, he or she shall be guilty of rape.” Under section B. “A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition” If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. To put it simpler, the worst that can happen is life in prison.  The accused is facing at least five years with a 40 year suspended jail sentence that the court can always reinstate for life if the accused violates conditions of probation or breaks the law. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More