Richmond Statutory Rape Lawyer
Statutory rape under Virginia law is the sexual act where the alleged victim is not of legal age. The issue becomes that they’re not of an age to give consent under Virginia law and it does not matter if individuals were dating or married. Richmond, Virginia prosecutes statutory rape cases very vigorously and it punishes them extremely harshly. Any case where the alleged victim is a minor and has been preyed upon by an adult, the courts and prosecutors will attempt to impose the highest punishment available.
If you are charged with statutory rape you face serious potential penalties including fines and jail time for up to 20 years. As a result, it is important that you consult a Richmond statutory rape lawyer as soon as you are accused. An adept sex crimes attorney can guide you through the legal process and ensure that you put forth the strongest defense possible.
Legal Code Regarding Statutory Rape
Statutory rape is codified under three main code sections, 18.2-63, 18.2-370, and 18.2-371. Statutory rape can be broken up into three offenses: carnal knowledge, indecent liberties with a minor, and contributing to the delinquency of a minor. A Richmond statutory rape lawyer could answer any questions individuals may have about the legal code and how it codifies different statutory rape charges.
Carnal Knowledge and Contributing to the Delinquency of a Minor
Section 18.2-63 codifies carnal knowledge as an offense. Carnal knowledge is when someone over the age of majority or 18 years or older has sex with an individual between the ages of 13 and 15 without force. It is considered a Class 4 felony. It carries anywhere from two to 10 years in jail and $100,000 in fines.
Virginia Code 18.2-371 codifies the offense of contributing to the delinquency of a minor. Contributing to the delinquency of a minor is a Class 1 misdemeanor and is when someone has a consensual, sexual encounter or relationship with someone who is 15 years older.
Indecent Liberties With a Minor
Section 18.2-370 codifies taking indecent liberties with a minor or someone who is 18 years or older committing some form of sexual act on someone under the age of 15. A sexual act is defined as performing an act such as exposing their genitalia to the alleged victim if they are not married to them, proposing a fondling of the genitalia or fondling their own genitalia in front of this minor, proposing a sex act involving the mouth, the anus, or the genitalia, or trying to entice the minor into a place for which one of these aforementioned acts can occur. Enticed into a place means a car, room, apartment, house, or anything along those lines. All of that would be considered a Class 5 felony, which carries a maximum penalty of 10 years in jail.
What Makes Statutory Rape Different From Other Types of Rape?
Statutory rape cases differ from other rape cases in that these do not involve a lack of consent. There is a lack of is the lack of threat, force, or intimidation. Typically the contact is consensual, the issue involves the age difference and or contact with a minor and an adult. A Richmond statutory rape lawyer does not have to show that the accused was aware of the age. It is their responsibility to know the age and unfortunately, lack of intent is not a defense.
Statutory rape cases are often not as contentious and not as aggressive from the perspective of the alleged victim. The person who is allegedly victimized in this particular case, the minor, normally is not the one who is bringing the charge. The minor is not the one who feels aggrieved in the situation; it is normally the parents of the minor who are mad or a family member or friend to the minor. The alleged victim in the case is normally not the one pushing the case forward.
Differences in Penalties
Furthermore, the penalties for statutory rape can differ from other rape penalties. These penalties are usually not as severe but can still result in life-changing consequences. A statutory rape conviction is a felony and can result in incarceration of up to 20 years. There is also a requirement to register as a sex offender and typically with a statutory rape case, it requires a lifetime registration.
Richmond Romeo and Juliet Laws
Romeo and Juliet laws are laws that are served to reduce or eliminate the penalty for the crime in cases where a couple of age difference is minor and where the sexual contact is only considered rape because of the lack of a legally recognized consent.
While Virginia does not have any clear-cut Romeo and Juliet laws, there are certain provisions in Virginia law that offer protections and exceptions to the law where the parties are both minors or close in age. Age of consent in Virginia is 18, however, if the ages of both parties is between 15 and 17 and there was consent, then the statutory provision do not apply. In addition, if the ages are between 15 and 17 and the parties are married, those statutory provisions do not apply.
The way it works is if the alleged victim and the accused are both minors and both within three years of each other, then the crime, whatever it may be, will be considered a Class 4 misdemeanor as opposed to a Class 4 felony. What one is looking at is carnal knowledge.
How an Experienced Richmond Statutory Rape Lawyer Can Help
In these cases, an experienced Richmond statutory rape lawyer could build a defense by examining the evidence of the state. An attorney must review the statements given by the alleged victim, to determine if they are telling the truth and to determine if the accuser has any ulterior motives in testifying or fabricating a story. A statutory rape lawyer could also examine the state’s case to challenge any scientific evidence the prosecution will attempt to use.
If you have been charged with statutory rape you are going to need an experienced attorney that understands how to negotiate with the prosecutors on a case like this in an attempt to resolve the matter in a way that most benefits you. Furthermore, your attorney needs to know when to fight and when to discuss settlement of a case, which also involves negotiating from a position of strength.
