Petersburg Rape Lawyer
Accusations of rape or any sexual offense could be devastating to your life and the lives of your family and loved ones. A conviction may result in years in prison and a lifetime sex offender registration requirement. All too often, prosecutors aggressively push for these types of charges and may proceed to trial for a final resolution.
If you are accused of rape, you may be advised to take these charges seriously and consult with a Petersburg rape lawyer for legal advice at your earliest opportunity. An accomplished criminal attorney could prepare a strong defense on your behalf.
Defining the Offense of Rape
Virginia Code § 18.2-61 defines rape as sexual intercourse with others:
- Against their will
- By force, threat, or intimidation against them or others
- Who are mentally incapacitated or physically helpless
- Who are children under the age of 13
While at least one of the scenarios above requires the use of force, threats, or intimidation, it may not be an absolute requirement that physical force is involved in order for a rape to occur within the definition of the law. As a Petersburg rape lawyer could explain, the law may presume that the child cannot legally consent in some cases and the act is automatically classified as rape. If the rape involves an adult and a child under the age of 13, the law would typically assume the child could not consent due to their age.
Potential Penalties for a Conviction
Rape is a felony offense that could be punishable with a prison sentence ranging from a minimum of five years to a maximum of life. If the accused individual was more than three years older than the complainant, there is a minimum 25-year prison sentence if the offense occurred in the commission of or as part of the same course of conduct, scheme, or plan of abduction, kidnapping, burglary, or aggravated malicious wounding.
If the complainant was a child under the age of 13 and the accused individual was 18 years of age or older at the time of the offense, then the mandatory minimum term of confinement is life in prison. If the term of confinement is for less than life, and the accused individual is more than three years older than the complainant, then there is a mandatory suspended sentence of no less than 40 years, for the remainder of the individual’s life.
A rape lawyer in Petersburg could help a person understand what penalties authorities may try to charge you with, and how to defend against them.
Statutory Rape
Virginia law refers to statutory rape as carnal knowledge of the child between 13 and 15 years of age, pursuant to Virginia Code § 18.2-63. Carnal knowledge may include not only sexual intercourse but also various other sexual acts that occur without the use of force.
While statutory rape is typically a Class 4 felony under Virginia law, the charges and accompany penalties vary according to the ages of the parties involved. If the accused individual is a minor and the child is between 13 and 15 years of age, is more than three years younger than the accused individual, and consented to the act, then the charge is a Class 6 felony. If the child is less than three years younger than the accused individual, then the charge is a Class 4 misdemeanor.
If a person is facing statutory rape charges in, they may be advised to consult a Petersburg rape lawyer.
Sex Offender Registration
As dictated by Virginia Code § 9.1-902, a rape conviction requires individuals to register as sex offenders if the offense occurs against the complainant’s will, by force, or by use of their mental incapacity or physical helplessness. Registration is required because Virginia law classifies rape under these circumstances as a sexually violent offense.
Those individuals who are convicted of any sexually violent offense pursuant to Virginia Code § 9.1-908 are required to register as a sex offender for life. They must also update the registry each time they move, enroll in school, or start working for a new employer, among other requirements.
Speaking with a Petersburg Rape Attorney
When facing charges and potential penalties for rape under Virginia law, stepping back and getting crucial legal advice may be wise. Contact a Petersburg rape lawyer and set up a time to discuss your case.
An attorney could answer questions you may have about any charges and could develop a defense to fight back against the charges against you.
