Statutory Rape: Crimes, Penalties and Defenses in Virginia

Virginia does not have a specific “statutory rape” law. However, multiple provisions of the Code of Virginia establish criminal offenses involving sexual intercourse with minors. These are serious crimes that carry serious penalties. While there are several potential defenses to these crimes, defendants need to hire an experienced Woodbridge sex crime attorney who can help protect them in light of the specific circumstances at hand.

Facing statutory rape charges is an extremely serious matter. While Virginia does not have a specific “statutory rape” law, there are several provisions of the Code of Virginia that establish misdemeanor and felony offenses involving sexual intercourse (and other forms of sexual contact) with minors. If you have been charged with one of these offenses, a conviction will have life-changing consequences, so you need to be prepared to defend yourself by all means available.

This starts with hiring an experienced Woodbridge sex crime attorney to represent you. Whether you have been falsely accused or broke the law, there are ways to fight your case. An experienced attorney can fight to protect you—but only if you reach out for help.

Statutory Rape Crimes Under Virginia Law

There are three primary provisions of the Code of Virginia that establish crimes related to sexual intercourse and sexual contact with minors. These are: (i) Section 18.2-61; (ii) Section 18.2-63; and (iii) Section 18.2-371.

Section 18.2-61 – Rape

Under Section 18.2-61(A)(iii) of the Code of Virginia, it is against the law to have sexual intercourse with a child who is under the age of 13. Children under the age of 13 are not able to consent to sexual intercourse, so having sexual intercourse with a child below this age constitutes rape in all circumstances.

Section 18.2-63 – Carnal Knowledge of a Child Between 13 and 15 Years of Age

Under Section 18.2-63(A) of the Code of Virginia, it is generally a Class 4 felony to have “carnal knowledge” of a child between the ages of 13 and 15. “Carnal knowledge” is defined as “acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.” Section 18.2-63(B) establishes special rules for cases in which the defendant is a minor.

Section 18.2-371 – Causing or Encouraging Acts Rendering Children Delinquent, Abused, Etc.

Under Section 18.2-371 of the Code of Virginia, it is a Class 1 misdemeanor to have consensual sexual intercourse with a child age 15 or older. Cases involving children age 15 or older who do not consent are governed by Section 18.2-61(A)(i) or (ii), which are Virginia’s general rape laws.

Penalties for Statutory Rape Crimes in Virginia

The penalties for statutory rape depend on the specific section of the Code of Virginia under which a defendant is charged. In some cases, they also depend on the specific allegations involved. With this in mind, some examples of potential penalties include:

• Section 18.2-61 – Violations of Section 18.2-61 carry a maximum term of imprisonment of life. In cases in which the defendant was 18 or older at the time of the offense, a life sentence is mandatory. Otherwise, the minimum prison term is either five years or 25 years depending on the circumstances involved.
• Section 18.2-63 – In most cases, violating Section 18.2-63 is a Class 4 felony. Class 4 felonies carry between two and 10 years of prison time and up to a $100,000 fine.  
• Section 18.2-371 – Violating Section 18.2-371 is a Class 1 misdemeanor. Class 1 misdemeanors carry up to 12 months of jail time and a $2,500 fine.

Along with fines and jail (or prison) time, statutory rape charges can lead to other serious consequences as well. If convicted, you may be required to register as a sex offender; and, in any case, having a sex crime conviction on your record can negatively impact nearly all aspects of your life.

Defending Against a Statutory Rape Case in Woodbridge, VA

If you are facing a statutory rape case in Woodbridge, the defenses you have available depend on the circumstances of your case. Some examples of potential defenses include:

• False Accusations – If you have been falsely accused, an experienced Woodbridge sex crime attorney may be able to use various forms of evidence to prove it.
• Violations of Your Constitutional Rights – If the police violated your constitutional rights by conducting an illegal search, seizure, arrest or interrogation, this could serve as grounds to keep the prosecution’s evidence out of court.
• Insufficient Evidence of Guilt – Even if the prosecution’s evidence is admissible, it is still up to the prosecution to prove your guilt beyond a reasonable doubt.

Again, these are just examples. Once you hire an experienced Woodbridge sex crime attorney to represent you, your attorney will be able to thoroughly assess your case and determine what defenses he or she can assert on your behalf.

FAQs: Facing a Statutory Rape Charge in Woodbridge, VA

Can a statutory rape conviction be expunged?

As a general rule, sex crime convictions are not eligible for expungement in Virginia. As a result, if you get convicted of statutory rape in court, your conviction will most likely remain on your record for the rest of your life.

Do I need an attorney if I have been charged with statutory rape?

While you have the right to represent yourself, statutory rape cases are complex, and a conviction will have life-altering consequences. As a result, it is strongly in your best interests to hire an experienced attorney to represent you.

Should I plead guilty if I know I committed statutory rape?

Pleading guilty will result in a conviction, and the judge will sentence you in accordance with Virginia law. As a result, this can prove to be a very costly mistake. Before you do anything else, you should consult with an experienced attorney who can help you make smart decisions.

Discuss Your Case with a Woodbridge Sex Crime Attorney for Free

If you have been charged with statutory rape in Northern Virginia, we encourage you to contact us promptly. To discuss your case with an experienced Woodbridge sex crime attorney as soon as possible, call 703-897-1777 or request a free consultation online now.