A sex crime physical attack is defined as the situation in which a person involves another in illegal sex crime related contact. Whereas aggravated sexual assault is defined as sexual assault that maims, wounds, or disfigures a victim or the victim involved is incapacitated either mentally or physically. Although general sexual assault is a misdemeanor of class one or class A, Virginia aggravated sex crime battery is much more severe. The aggravated carnal battery is taken as a felony of class five. There are certain conditions in which a crime is classified as an aggravated carnal battery. These include:
- The victim is a child, which means that her/his age is less than 13 years old;
- The victim is incapacitated in a physical or mental manner;
- The offender is a parent or grandparent while the victim is aged between 13 and 18 years old; or
- The illegal act is done without the consent of the victim by threat, intimidation or force while the victim’s age is between 13 and 15 years old, the victim suffered physical or mental injury or the offender threatened to use a weapon.
Virginia law also states that it is an aggravated sexual assault if there were illegal acts between two people and one of them is below the age of consent.
The state of Virginia classifies basic carnal batter as a misdemeanor of class A or class one. This means that normal sexual assault is punished by a fine that may reach but not exceed $2500 and/or jail time for a period that may not pass 12 months.
The state of Virginia recognizes aggravated sexual assault as a class five felony. This means that aggravated sexual assault is punished by a period in prison for a period between one and ten years and a fine that may reach but not exceed $100,000. In some aggravated sexual assault cases, the fine punishment is not given as only the imprisonment punishment is given by the court.
Sexual assault crimes are crimes that include illegal acts such as rape, carnal battery, carnal torture, groping, etc. Aggravated sexual assault crimes are recognized as normal carnal battery but under certain conditions. These include conditions such as that the victim is younger than 13 years old, the victim is incapacitated mentally or physically, etc.
Aggravated carnal battery law in Virginia states that certain conditions must be present for a carnal battery to be aggravated. These may include conditions such as that the offender is a parent or grandparent. This condition is usually described as incest. Another case which could be classified as the aggravated carnal battery is when a victim is under the age of the consent. In this case, even if the victim gave her consent to the carnal act, the offender will be charged since the consent of a person under the age of consent is not admitted by the law. The punishment for such carnal battery is imprisonment for a period between one and ten years and/or a fine that may reach but not extend $100,000.
If you need a Virginia Sexual Assault Lawyer to help you with your carnal battery case in Virginia, call us at 888-437-7747. Our Virginia Sexual Assault Attorneys can help you.
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