FORMER PROSECUTORS & POLICE OFFICERS

DEFENDING SEXUAL ASSAULT CRIMES IN VIRGINIA

Just because a person is accused of a sex crime such as sexual assault does not mean that they are guilty of the charge nor does it mean they are going to jail.

However, a sex crime conviction in Virginia can result in severe penalties if the client is not defended properly.  Some of the most commonly charged sex crimes in Virginia are object sexual penetration, felony sexual assault, aggravated sexual battery & sexual battery.

If you are charged with a sex crime violation in Virginia, you need experienced sex crimes defense attorneys to defend you.

Virginia Sexual Assault Battery Laws

The SRIS Law Group has a history of defending clients charged with sex crimes in Virginia. Our former prosecutors & police officers have successfully defended clients charged with sex crimes in Virginia.

No honest lawyer can give you a guarantee as to the outcome of your case. However, experience counts when defending sex crimes.

We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg to better serve you.

Two guarantee a SRIS Law Group Virginia criminal defense lawyer will give you:

• We guarantee we will do our best to defend you
• We will do our best to keep you updated as to the status of your case. We will do our best to return all phone calls within 8 hours.

Do not take a chance when your future is on the line.

The following are some of the different sex crimes we defend in Virginia:

• 18.2-67.2. Object sexual penetration; penalty.
• 18.2-67.3. Aggravated sexual battery; penalty.
• 18.2-67.4. Sexual battery.
• 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
• 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
• 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.

18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years. The penalty for a violation of subdivision A 1 where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90 or 18.2-91, or (iii) 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

18.2-67.4. Sexual battery.

A. An accused is guilty of sexual battery if he sexually abuses, as defined in  18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or (iii) a probationer, parolee, or a pretrial or post trial offender under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.

18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.

A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.

18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is convicted of sexual battery in violation of 18.2-67.4, attempted sexual battery in violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of 18.2-387, or a violation of 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.

18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.

A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of 18.2-64.1;
3. Aggravated sexual battery in violation of 18.2-67.3;
4. Crimes against nature in violation of subsection B of 18.2-361;
5. Adultery or fornication with one’s own child or grandchild in violation of 18.2-366;
6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.

A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to convictions for:
1. Rape in violation of 18.2-61;
2. Forcible sodomy in violation of 18.2-67.1;
3. Object sexual penetration in violation of 18.2-67.2;
4. Abduction with intent to defile in violation of 18.2-48; or
5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.