Sexual assault charges can be very complex; each case will be individualized in terms of what needs to be proved and the defenses that may be applicable to it. There are a number of different sexual assault and battery charges under Virginia law, ranging from misdemeanors to serious felonies with long prison sentences.
Some of these crimes include the following:
- Simple Sexual Battery: This offense is a misdemeanor that involves sexually assaulting someone. It can include intentionally touching a person’s intimate body parts or forcing the person to touch another’s intimate body parts with the use of force, threats, and intimidation. It must be done opposed to the person’s will and is unwelcomed sexual conduct;
- Aggravated Sexual Battery: The elements of this crime are identical to simple sexual battery with some additional allegations, such as that the victim was under 13 years old or mentally or physically disabled or that the perpetrator was the person’s parent, grandparent, or step-parent. Unlike a sexual battery, this charge is a felony;
- Sexual Battery When Infected: This is a sexual battery felony offense involving intentionally trying to infect another person with a sexually transmitted disease (STD) such as HIV, or hepatitis B;
- Attempted Sexual Battery: Attempted sexual battery is a misdemeanor similar to a simple sexual battery, but is a slightly less severe offense;
- Rape: Rape is defined as having sexual intercourse with another person or forcing the person to have sexual intercourse with another person through the use of force, threats, intimidation. This is charge is a felony that can result in a prison sentence for life.
Penalties a Person Could Face for a Sexual Assault and Battery Conviction
The sentence a person could face will depend on whether the person is convicted of or plead guilty to a misdemeanor or felony charge. The person could face the following sentences:
- Attempted Sexual Battery and Simple Sexual Battery: This is penalized by up to one year in jail and a fine of $2,500;
- Aggravated Sexual Battery: The person could be sentenced to prison for up to twenty years and have a fine of up to $100,000;
- Sexual Battery When Infected: This carries a sentence from one to five years in prison and a maximum fine of $2,500;
- Attempted Sexual Battery: The sentence would be no different than if the person was convicted of simple sexual battery;
- Rape: The person could be sentenced to a long prison sentence of between five years and life in prison.
Registering as a Sex Offender
If convicted of almost all of the crimes stated above, the person could be required to register in the Virginia Sex Offender Registry for the rest of his/her life. This could severely limit where the individual can live, work, and may even restrict public places where the individual can go.
Sexual Battery Defenses
When a person is charged with sexual battery, a prosecutor usually has to prove:
- The individual did actually touch the other person’s intimate parts;
- The individual intended to do so and was not an accident;
- The individual had a lewd motive for doing such an act;
- The individual used force, threat or intimidation; and
- The touching was opposed to the other person’s will.
If you need a Virginia Sexual Battery Lawyer to help you with your Sexual Battery case in Virginia, call us at 888-437-7747. Our Virginia Sexual Battery Attorneys can help you. C