No child under the age of 13 may consent to a sexual act. Therefore, no one can have consensual sex with a person under the age of 13 without violating Virginia Code Sections 18.2 through 61. When it comes to statutory rape (which is not a legal term in Virginia), two laws apply. Each state creates its own consent laws. For example, Maryland and Washington D.C. have different age of consent laws than Virginia. Virginia law is violated when a person has consensual sex with a person under the age of 18. There is a narrow age exemption that allows adolescents between the ages of 15 and 17 to participate in sexual conventions and minors between the ages of 13 and 15 to do the same. At Copenhaver, Ellett & Derrico, we know that the ambiguity and confusion associated with these situations can be difficult to deal with, but we excel at providing our clients with a quick and determined defense against sex crime charges. There are options to consider and by working with an experienced lawyer, you can present your version of events. To make an appointment at our Roanoke office, call us today at (540) 343-9349. For the purposes of this section, (i) a child under thirteen years of age is not considered to be a consenting child and (ii) “carnal intercourse” includes sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse and animate and inanimate sexual penetration of objects. The age at which a person can legally consent to sexual intercourse in Virginia is 18.
However, it is certainly not uncommon for teenagers to have consensual sex with each other before this age. For this reason, Virginia lists allowances for children between the ages of 15 and 17. These exceptions are known as “near-age exemptions” or “Romeo and Juliet laws.” In Virginia, people face significant criminal consequences if they have sex with a minor 12 or younger. The accused faces at least five years in prison and a life sentence. If the accused was 18 years of age or older at the time of the rape, he or she faces life imprisonment. For example, if a 23-year-old engages in sexual activity with a 14-year-old, it is illegal whether or not the 14-year-old consented to sexual activity. This is because the law does not believe that a 14-year-old can consent to sexual activity. The age of consent for sexual intercourse in Virginia is 15; However, there are other sexual acts that put the age at 18. These acts include cunnilingus, fellatio and anal sex, which means that minors cannot legally consent to certain sexual activities.
Also, if you are an adult and have sex with someone under the age of 18, you can be prosecuted for rape. Legal rape is usually charged as a Class 4 offense, but the exact charge and penalties depend on all factors and age. The consequences of a conviction for a sex crime can be devastating: jail, fines, and a tarnished reputation are virtually certain if you plead guilty. But decisive legal action can allow you to mitigate or avoid the penalties and collateral consequences of a conviction. There are two offences for which a person can be charged with committing consensual sexual acts (non-violence) with a person under the legal age. But if the two are legally married and live in Virginia, no crime has occurred. The materials available on this website are provided for informational purposes only and not for legal advice. You should contact your lawyer for advice regarding a specific problem or problem. Use of and access to this website or any of the links contained on the website does not constitute an attorney-client relationship. The opinions expressed on or through this website are the opinions of the individual author and may not reflect the opinions of the firm or an individual attorney. If a person finds themselves in such a situation and is being prosecuted for continuing a previously legal sexual relationship, they will want to make sure they understand how the law is applied to the facts of their particular case. In this way, they can have the information they need to formulate a solid criminal defense strategy.
Regardless of age, a person cannot give legal consent if a sexual act takes place for the following reasons: If you or a loved one in Virginia is charged with a sex crime involving consent, it`s important to seek advice from an experienced attorney. To speak to an experienced sex crimes attorney in Roanoke, call Copenhaver, Ellett & Derrico at (540) 343-9349 or apply online. Before the Commonwealth can convict you and convict you for a crime, it must prove its case against you. They have the right to defend themselves. Depending on the circumstances of the alleged crime, possible defenses may include: It is important to note that despite this law, it is still illegal to forcibly rape your spouse. When a man rapes violently rapes his wife, he has no defense before the law, even if they were married. There is a simple, easy-to-understand foundation in Virginia law. If there is no consent, which means that the person with whom the accused had sexual relations did not consent to have sex, then age is irrelevant. Simply put, rape occurs when consent is not given for sexual intercourse, regardless of the other person`s age.
Involves sexual intercourse with a minor under the age of 13 and a defendant of any age. This is an offence punishable by at least 5 years in prison (up to life imprisonment), a fine or both. If you are facing legal rape or other charges based on a person`s age of consent, we encourage you to contact our experienced Fairfax Sex Defense attorneys today for a free consultation. The stakes are high and you have the right to defend yourself. Our lawyers will help you build a strong defense and fight aggressively to protect your rights. Call us or fill out our online contact form today to find out more. This includes sexual intercourse or penetration of any kind between a minor between the ages of 13 and 14 and an accused of any age. It is a Class 4 crime if the defendant is 18 years of age or older. In this article, we answer questions about the age exemption and how Romeo and Juliet`s law might affect you or your children.
We will also discuss possible legal defenses against criminal charges. If you are 18 years of age or older, you are not permitted by law to engage in sexual acts with persons under the age of 18. Non-consensual sexual activity is illegal in Virginia. Depending on the type of sexual activity, you may be charged with serious crimes such as rape, violent sodomy, or penetrating sex objects if there is evidence that you acted without your partner`s consent. There is no specific legal definition of consent in the Commonwealth of Virginia. On the contrary, the law recognizes a number of circumstances in which consent is not given. You can face a lengthy prison sentence, fines, a criminal record, and a tarnished reputation if you are accused of having sex with a minor in Virginia. However, they have not yet been convicted and have the right to defend themselves. The activity is still illegal in the state of Virginia, but a person protected by the Romeo and Juliet exception will not face the same consequences as someone who is not. In addition, persons under the age of 13 cannot give their legal consent, and persons between the ages of 14 and 17 can only consent to sexual activity in certain circumstances. Any person 18 years of age or older, including the parents of a child, who (i) intentionally contributes, encourages or provokes an act, omission or condition that renders a child delinquent, requires services, requires supervision or abuses or neglects within the meaning of ยง 16.1-228 or (ii) engages in consensual or anal sex with cunnilingus, fellatio or annuitation on or by a child 15 years of age or older, not his or her spouse, child or grandchild, is guilty of a Class 1 offence. Nothing in this section shall be construed as repealing, amending or affecting in any way Articles 18.2-18, 18.2-19, 18.2-61, 18.2-63 and 18.2-347.