Sexual assault is defined as the act in which a person forcibly engages another in a sexual act without the other person’s consent. Sexual assault is categorized as sexual violence which includes rape, sexual battery, torture in a sexual manner, groping, etc. Sexual 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 sexually aroused, sexually 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 sexual battery. These include underwear, brassieres, etc.
Virginia law considers aggravated sexual battery as a more serious offense. The aggravated sexual battery includes:
- Sexual battery with a person under the age of 13;
- Sexual battery with a disabled person whether he/she is mentally or physically disabled; and
- Sexual battery with a teenager by a parent or grandparent which is identified as incest.
Virginia law also identifies a special case of sexual battery. This case is when a person has sexual 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 sexual 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 sexual battery as the following:
- Simple sexual battery, which is less severe than an aggravated sexual battery, is taken as a class one misdemeanor and punished by a fine which may reach $2500 and/or one year in jail;
- Aggravated sexual battery 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;
- Sexual battery 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 sexual battery carries the same punishment as the sexual battery with the intent to transmit disease; and
- Repeating sexual battery 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 sexual battery, the following has to be proven:
- The convicted person did touch sexual body parts;
- The convicted person did intend to engage in a sexual battery;
- The convicted person did use force, intimidation or threat.
- The victim was engaged in the act against his/her own free will.
If you need a Virginia Sexual Assault Lawyer to help you with your Sexual Assault case in Virginia, call us at 888-437-7747. Our Virginia Sexual Assault Attorneys can help you.