Sex Crimes: Charges, Penalties and Defenses in Virginia

If you have been accused of committing a sex crime in Virginia, you need to be prepared to defend yourself by all means available. These are extremely serious charges that carry extremely serious consequences. Defending yourself effectively starts with hiring an experienced Woodbridge sex crime attorney to represent you, and to maximize your chances of avoiding unnecessary consequences, you should seek legal representation right away.

Virginia’s sex crime laws are complex. They establish numerous crimes, and the penalties for each are determined by the offense’s “Class” (among other factors). The specific allegations you are facing will also play a key role in determining what defenses you have available. With this in mind, here is an introduction to what you need to know if you are facing prosecution for a sex crime under Virginia law:

Sex Crimes Under Virginia Law

Identifying the specific charge (or charges) you are facing will be a key first step toward defending against your sex crime case in Virginia. Each charge has its own unique set of “elements” that prosecutors must prove to secure a conviction. Regardless of what happened, if prosecutors cannot prove all of the relevant elements beyond a reasonable doubt, you are entitled to an acquittal.

With this in mind, some of the most common sex crime charges under Virginia law are:

Sexual Battery – Sexual battery is a Class 1 misdemeanor in Virginia.
Aggravated Sexual Battery – Aggravated sexual battery is a felony punishable by up to 20 years in prison and a $100,000. Attempted aggravated sexual battery is a Class 6 felony.
Rape – Rape can be classified as a Class 2 or Class 3 felony under Virginia law, depending on the circumstances involved. Attempted rape is a Class 4 felony.
Statutory Rape – Statutory rape can be classified as either a Class 1 misdemeanor or a Class 4 felony, depending on the circumstances involved.
Forcible Sodomy – Similar to rape, forcible sodomy can be classified as either a Class 2 or Class 3 felony under Virginia law. Attempted forcible sodomy is a Class 4 felony offense.
Solicitation of Prostitution – Solicitation of prostitution is a Class 1 misdemeanor except in cases involving the solicitation of minors. In these cases, prosecutors can pursue either Class 5 or Class 6 felony charges, depending on the victim’s age.
Indecent Liberties with a Child – Taking indecent liberties with a child who is under 15 years old is a Class 5 felony under Virginia law.
Child Pornography – Virginia law establishes several child pornography-related crimes that range from Class 4 to Class 6 felonies.

All of these are serious charges that can lead to life-changing convictions. Once you hire an attorney to represent you, your attorney will be able to determine which specific charge (or charges) you are facing, and then your attorney will be able to use this information to determine the penalties that are at stake and the defenses you have available.

Penalties for Sex Crimes in Virginia

If you have been charged with a sex crime in Virginia, the penalties you are facing depend heavily on the “Class” of your alleged offense. However, some sex crimes carry enhanced mandatory minimum sentences, and various other factors can play a role in determining the risks you are facing as well. With this in mind, the baseline penalties for most sex crimes in Virginia are as follows:

Class 1 Misdemeanor – Up to 12 months in jail and a $2,500 fine
Class 6 Felony – Up to five years in prison and a $2,500 fine
Class 5 Felony – Up to 10 years in prison and a $2,500 fine
Class 4 Felony – Up to 10 years in prison and a $100,000 fine
Class 3 Felony – Up to 20 years in prison and a $100,000 fine
Class 2 Felony – Up to life in prison and a $100,000 fine

Sex crime convictions can also lead to mandatory sex offender registration and other court-imposed penalties, and having a sex crime conviction on your permanent record can impact nearly all aspects of your life. Regardless of the circumstances of your case, you owe it to yourself to hire an experienced Woodbridge sex crime attorney who can fight to protect you by all means available.

Defenses to Sex Crime Allegations

Once you hire an experienced Woodbridge sex crime attorney to represent you, your attorney will be able to investigate the facts of your case and determine what defenses he or she can use to protect you. Some examples of potential defenses to alleged sex crimes include:

Alibi

If you have an alibi, proving that you were not present when the alleged sex crime was committed could be among the strongest defenses you have available.

False Allegations

If you have been falsely accused of committing a sex crime, you do not deserve to face any consequences as a result of the lies spread against you. Your attorney may be able to prove that the alleged victim’s accusations are false through various means.

Consent

Consent can be a defense to rape and certain other sex crimes. If you engaged in consensual sexual relations, your attorney can assess whether this is a valid defense in your case.

Constitutional Violations

Regardless of what happened, if the police or prosecutors have violated your constitutional rights, your attorney may be able to use this to keep the prosecution’s evidence out of court. Without admissible evidence, prosecutors won’t be able to secure a conviction.

Insufficient Evidence of Guilt

At trial, prosecutors will have the burden of proving your guilt beyond a reasonable doubt. If your attorney can raise any issues that prevent prosecutors from meeting their burden of proof, this should be enough to save you from the life-altering consequences of a sex crime conviction.

Request a Free Consultation with a Woodbridge Sex Crime Attorney at Stevens Caruso

If you have been charged with a sex crime in Virginia, we strongly encourage you to contact us for a free consultation about your case. To find out what a Woodbridge sex crime attorney at our law firm can do to protect you, call 703-897-1777 or tell us how we can contact you online now.