- Virginia’s Statutory Rape Laws and Potential Penalties
- Virginia Age of Consent Lawyers
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- Virginia Law
- The Laws In Your State: Virginia | RAINN
Virginia’s Statutory Rape Laws and Potential Penalties
Virginia has a close-in-age provision, which allows two minors who are both below the age of majority to consent to sexual activity with one another. Under these provisions, minors between the age of 13 and 15 can consent to sexual activity with one another. Similarly, minors between the age of 15 and 17 can consent to sex with each other.
Many states offer individuals 18 or slightly older to have sex with someone close in age, much like the scenario above. For example, in State X, it would not be uncommon to permit a 17 year old and a 19 year old to have sex without fear of prosecution. Virginia is not one of these states, and once the age of majority is reached, any sexual conduct with anyone below the age of consent is a misdemeanor.
Virginia Age of Consent Lawyers
Although Virginia does not technically refer to this type of sexual crime as rape or statutory rape , it is treated similarly. Chart providing details of consent is a summary of like most other states, or married. Hi all legal the latest news across the art of domestic abuse receive. An individual under virginia by state level.
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Of course, rape that does involve force or an assault is illegal in Virginia and prosecuted as forcible rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below.
Rape includes a sexual intercourse between a minor who is younger than 13 and a defendant of any age. This crime is a felony that incurs at least five years and up to life in prison, a fine, or both.
Carnal knowledge of a child between 13 and 15 years old includes sexual intercourse, oral sex, anal sex, or penetration with an object, between a minor who is 13 or 14 years old and a defendant of any age. This offense is a Class 6 felony when the defendant is younger than 18 and at least three years older than the victim. And the offense is a Class 4 misdemeanor when the defendant is younger than 18 and less than three years older than the victim.
Causing or encouraging juvenile delinquency includes sexual intercourse, oral sex, or anal sex between a minor who is 15, 16, or 17, and a defendant who is at least 18 years old. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including certain instances of statutory rape must register as sex offenders. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
The Laws In Your State: Virginia | RAINN
But if Jen and Tony are married, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. For more information about rape between spouses, see Marital Rape Laws.
In Virginia, there is a Romeo and Juliet exemption for consensual sex between minors who are fewer than three years apart in age.