Sexual assault is defined as the act in which a person forcibly engages another in a sexual act without the other person’s consent. Lewd assault is categorized as carnal violence which includes rape, carnal battery, torture in a carnal manner, groping, etc. Carnal assault is usually a felony which can be punished by imprisonment for life.
The following lists the different kinds of sexual assault along with their different descriptions and various felony punishments in the state of Virginia:
Sexual battery: touching the sexual body parts of the person without his/her consent or forcing a person to touch other sexual body parts against his/her own will. This act is done:
- By threat, intimidation or force;
- By taking advantage of the incapability of the person being forced due to him/her being weaker in terms of emotional or physical ability; and
- With the intent to be lewdly aroused, lewdly satisfied or to abuse another person.
The law of Virginia identifies sexual body parts as all of the following:
- Breast; and
Virginia law also states that touching clothing that is associated with sexual body parts is also included in lewd battery. These include underwear, brassieres, etc.
Virginia law considers aggravated lewd battery as a more serious offense. The aggravated lewd battery includes:
- Lewd battery with a person under the age of 13;
- Carnal battery with a disabled person whether he/she is mentally or physically disabled; and
- A lewd battery with a teenager by a parent or grandparent which is identified as incest.
Virginia law also identifies a special case of carnal battery. This case is when a person has carnal contact with another with the intent of transmitting a disease. This is case occurs when:
- The person knows that he/she has a disease yet still has carnal contact with another; and
- The disease is either HIV (virus), syphilis (bacteria) or hepatitis B (virus).
Virginia law identifies the punishment for each type of carnal battery as the following:
- A Simple lewd attack, which is less severe than an aggravated carnal assault, is taken as a class one misdemeanor and punished by a fine which may reach $2500 and/or one year in jail;
- Aggravated carnal assault is taken as a class five felony which means that it is punished by a period in prison which ranges between one to ten years and a fine that may reach $100,000;
- A lewd attack to transmit disease is punished by a period in prison between one to five years and a fine that may go up to $2500;
- Attempting a lewd assault carries the same punishment as the lewd attack with the intent to transmit disease; and
- Repeating a lewd assault more than one time carries a punishment of one year in jail and a fine that may not pass $2500.
Virginia law states that for a person to be convicted as a person who has engaged in carnal battery, the following has to be proven:
- The convicted individual did touch sexual body parts;
- The convicted individual did intend to engage in a lewd attack;
- The convicted individual did use force, intimidation or threat.
- The victim was engaged in the act against his/her own free will.