Sexual Violence in Virginia Fairfax Attorney

Sexual violence is defined as a sexual act carried out against someone without that person’s given 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 engage in sexual intercourse with any other person and such act is:

• Opposed to the victim’s will, by force, threat, or intimidation;
• Through taking advantage of the injured person’s mental incapacity or physical helplessness; or
• With an infant that is below the age of 13 years as the victim.

Punishments for this felony could be imprisonment for life or for any term that is not below five years; and

• If the injured person is below the age of 13 and the defendant is more than three years older than the injured person, and the rape is done in the commission of, or as part of a common plan of any kidnapping, or assault, then the punishment must include a compulsory minimum term of 25 years; or

• If the injured person’s is below the age of 13 and the defendant was 18 years of age or older at the time the offense took place, the punishment must include a compulsory minimum term of life imprisonment.

2. Forcible Sodomy: Engaging in cunnilingus, fellatio, anilingus, or anal intercourse with an injured individual, or causing a victim, to engage in such acts with any other person, and:

• The complaining witness is below the age of 13 years; or
• The action is accomplished against the will of the injured person, by force or threat against the victim or another person.

This felony is punishable by imprisonment for life or any term not below five years; and

• If the injury individual is below the age of 13 and the defendant is more than three years older than the injured individual, and the forcible sodomy is done in the commission of, or as part of a common plan of any kidnapping then the punishment must include a compulsory minimum term of 25 years; or
• If the victim is below the age of 13 and the defendant was 18 years of age or older at the time the offense took place, the punishment must include a compulsory minimum term of life imprisonment.

The state of Virginia does not give a definition for the word consent but defines rape and carnal battery as sexual intercourse or carnal abuse, of a complaining witness against her will. In Virginia the age of consent in 18.

Sexual violence includes:

Forced penetration of a victim

• Includes unwelcome vaginal, oral, or anal insertion through use of physical force or threats to bring physical harm toward the victim.

Alcohol or drug-facilitated penetration of a victim

• Includes unwelcome vaginal, oral, or anal insertion when the harmed individual was unable to consent because he/she was too intoxicated through voluntary or involuntary use of alcohol or drugs.

Forced actions in which a victim is made to penetrate someone

• Includes cases when the injured person was made, or there was an attempt to make the harmed person to sexually penetrate a perpetrator or someone else without the victim’s consent because the injured person was physically forced or threatened to do so.

If you need a Virginia Sexual Violence Lawyer to help you with your Sexual Violence case in Virginia, call us at 888-437-7747. Our Virginia Sexual Violence Attorneys can help you. C