Virginia Rape and Sexual Battery Laws

Virginia Code Section 18.2-61, et seq. (Criminal Sexual Assault)

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:

• Against their will by force, threat, or intimidation against the victim or another person
• Through the use of the victim’s mental incapacity or physical helplessness
• If the victim is under 13 years old. (§ 18.2-61(A))

Rape is a felony offense punishable by a mandatory minimum sentence of five years in prison. Other factors, such as the age difference between the victim and the offender, can modify the applicable mandatory minimum sentence. The court or jury may impose a life sentence at their discretion.

(Definition: Sexually abusing someone under any of the following circumstances:

• If the victim is less than 13 years old
• The offender accomplished the task through the use of the victim’s mental incapacity or physical helplessness
• The offender is a parent, grandparent, step-parent, or step-grandparent, and the victim is between 13 and 18 years old
• 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.

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. (§ 18.2-67.3)

Definition: Sexually abusing a person under any of the following circumstances:

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

Sexual battery is a Class 1 misdemeanor punishable by up to 12 months in prison and a fine of up to $2,500. (§ 18.2-67.4)

An attempt to commit certain sex crimes is charged as follows:

• Rape, forcible sodomy, or sexual penetration using an object is a Class 4 felony
• Aggravated sexual battery is a Class 6 felony
• Sexual battery is a Class 1 misdemeanor (§ 18.2-67.5)

• § 18.2-61.1 (Testing of certain persons for sexually transmitted infections)
• § 18.2-63 (Carnal knowledge of child between 13 and 15 years of age)
• § 18.2-67.1 (Forcible sodomy)
• § 18.2-67.4:1 (Infected sexual battery; penalty)
• § 18.2-67.4:2 (Sexual abuse of a child under 15 years of age; penalty)
• § 18.2-87.10 (General definitions)
• § 9.1-900, et seq. (Sex Offender and Crimes Against Minors Registry Act)