Sexual violence is defined as a sexual act performed against someone without that person’s consent. There are types of sexual violence, some are listed below.
1. Rape: Engaging in sexual intercourse with a victim, or causing a victim, to have sexual intercourse with any other person and such act is:
- Opposed to the will of the victim, by force, threat or intimidation;
- Taking advantage of the victim’s mental incapacity or physical helplessness. either
- With a child under the age of 13 as the victim.
The punishments for this crime can be imprisonment for life or for any term not less than five years; Y
- If the victim is under the age of 13 and the accused is more than three years older than the victim, and the rape is committed in the commission of, or as part of a common plan for, any kidnapping or assault, then the punishment must include a mandatory minimum term of 25 years; either
- If the victim is under the age of 13 and the defendant was 18 or older at the time the crime was committed, the punishment must include a mandatory minimum sentence of life in prison.
2. Forced Sodomy: Engaging in cunnilingus, fellatio, anilingus, or anal intercourse with a victim, or causing a victim, to engage in such acts with any other person, and:
- The complaining witness is under 13 years of age; either
- The action is performed against the will of the victim, by force or threat against the victim or another person.
This felony is punishable by imprisonment for life or any term not less than five years; Y
- If the victim is under the age of 13 and the defendant is more than three years older than the victim, and the forcible sodomy is committed on commission or as part of a common plan of any kidnapping, the punishment must include mandatory registration. Minimum term of 25 years; either
The state of Virginia does not provide a definition for the word consent, but defines rape and sexual assault as sexual intercourse, or sexual abuse, of a witness who complains against his or her will. In Virginia the age of consent is 18.
Sexual violence includes:
Forced penetration of a victim.
- Includes untimely vaginal, oral, or anal insertion through the use of physical force or threats to cause physical harm to the victim.
Penetration of a victim facilitated by alcohol or drugs
- Includes untimely vaginal, oral, or anal insertion when the victim was unable to consent because she was too intoxicated from the voluntary or involuntary use of alcohol or drugs.
Forced actions in which a victim is forced to penetrate someone.
- It includes cases in which the victim was made, or there was an attempt to make her sexually penetrate an assailant or another person without the consent of the victim because the victim was physically forced or threatened to do so.