{"id":377000,"date":"2016-03-31T21:37:12","date_gmt":"2016-04-01T02:37:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-rape-and-sexual-battery-laws.html"},"modified":"2024-11-01T16:57:07","modified_gmt":"2024-11-01T21:57:07","slug":"virginia-rape-and-sexual-battery-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-rape-and-sexual-battery-laws.html","title":{"rendered":"Virginia Rape and Sexual Battery Laws"},"content":{"rendered":"\n
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Virginia Rape and Sexual Battery Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Virginia has several statutes addressing illegal sexual behavior under the broad umbrella of "criminal sexual assault." The types of sex crimes addressed in this section are rape, aggravated sexual battery, and sexual battery, among others.<\/p>\r\n

The main difference between rape and sexual battery is that rape involves sexual intercourse, while sexual battery involves sexual abuse<\/a>. A conviction for rape or sexual battery may impose a mandatory period of incarceration. Also, many of Virginia’s criminal sexual assault laws require the offender to join the sex offender registry<\/a>.<\/p>\r\n

If you or someone you know has experienced sexual assault, contact local law enforcement or the National Sexual Assault Hotline<\/a> for help.<\/p>\r\n

Virginia Rape and Sexual Battery Laws at a Glance<\/b><\/h2>\r\n

The following table highlights the main provisions of Virginia’s rape and sexual battery laws and provides links to relevant statutes.<\/p>\r\n\r\n
Statutes<\/th>\r\n

Virginia Code Section 18.2-61<\/a>, et seq. (Criminal Sexual Assault)<\/p>\r\n<\/td>\r\n<\/tr>

Rape<\/th>\r\n

Definition: Having sexual intercourse with a complaining witness (or causing the witness to have sexual intercourse with another person) under one of the following circumstances:<\/p>\r\n

Aggravated sexual battery<\/th>\r\n

(Definition: Sexually abusing someone under any of the following circumstances:<\/p>\r\n

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  • If the victim is less than 13 years old<\/li>\r\n
  • The offender accomplished the task through the use of the victim’s mental incapacity or physical helplessness<\/li>\r\n
  • The offender is a parent, grandparent, step-parent, or step-grandparent, and the victim is between 13 and 18 years old<\/li>\r\n
  • The offender accomplished the task against the victim’s will by force, threat, or intimidation, and the witness is between 13 and 15 years old, the offender caused serious injury (bodily or mental) to the victim, or the offender used or threatened to use a dangerous weapon.<\/li>\r\n<\/ul>\r\n

    Aggravated sexual battery is a felony. Upon conviction, the offender faces a minimum mandatory sentence of at least one year in prison. The maximum sentence is 20 years and up to a $100,000 fine. (\u00a7 18.2-67.3<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Sexual battery<\/th>\r\n

Definition: Sexually abusing a person under any of the following circumstances:<\/p>\r\n

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  • Against their will by force, threat, intimidation, or trick<\/li>\r\n
  • Within a two-year period, more than one victim or with one victim on more than one occasion without their consent<\/li>\r\n
  • If the victim is an inmate and the offender is in a position of authority over the victim<\/li>\r\n
  • If the victim is a probationer, parolee, or pretrial defendant, and the offender is in a position of authority over the victim<\/li>\r\n<\/ul>\r\n

    Sexual battery is a Class 1 misdemeanor punishable by up to 12 months in prison and a fine of up to $2,500. (\u00a7 18.2-67.4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Charges for attempt to commit certain sex crimes<\/th>\r\n

An attempt to commit certain sex crimes is charged as follows:<\/p>\r\n

Related statutes<\/th>\r\n