Richmond Rape Lawyer
While receiving charges for rape can be a daunting experience, know that you do not have to face them alone. An aggressive Richmond sexual assault attorney can create a defense on your behalf while acting as a fierce advocate for your innocence. Read on to learn how a reliable Richmond rape lawyer can make a difference in your case.
Differences Between Sexual Battery and Sexual Assault
Any sexual assault is considered rape under the Virginia Code. While sexual battery is a class one misdemeanor, rape is a felony. Sexual battery carries up to one year in jail as a maximum penalty, while rape can carry up to a life’s sentence. The big difference between sexual assault and rape is that a rape involves penetration, whereas an act of sexual assault includes unwanted touching of one’s intimate parts on top of or beneath the clothing.
How an Individual Can be Charged with Rape in Richmond
Rape can be defined as the unwanted sexual penetration of an individual who either does not or cannot consent to those sexual acts. In the city of Richmond, an act of rape can fall into the following four categories.
Standard Rape
The main way an individual can be charged with rape is through a sexual act involving threat, force, or intimidation. Rape can also be the unwanted sexual act of a witness against the accused through the use of threat, force, or intimidation to another individual. For example, of one threatens to harm the witness’ child if they do not engage in some kind of sexual act with them.
Statutory Rape
Statutory rape is a situation where an individual has sexual intercourse with someone who is under the age of 15. Even if both parties claim to be in a consenting relationship, Virginia law deems anyone under the age of 15 as unable to give their consent, making any sexual acts with these individuals a form of rape.
Date Rape
Date rape can be defined as unwanted sexual intercourse with someone who cannot give consent. In this situation, an individual forces themselves upon another and has intercourse with them while they are unconscious or incapacitated.
Marital Rape
Marital rape includes a situation of forcible, non-consensual intercourse that occurs between two married individuals.
Penalties for Rape
Penalties for rape can vary from a few years in jail to an entire life’s sentence in prison. With the stigma of such a conviction comes extremely high fines and a lifetime requirement to register as a sex offender. Besides long term incarceration, a conviction could result in the loss of one’s current employment.
Unique Aspects of Rape Cases
Rape cases differ from other sex crime cases in how they are presented and the evidence used. Prosecutors will attempt to use DNA or forensic evidence to prove their case to go beyond claims of the witness. Rape kits and medical documentation will be used to show that the rape did take place, as well as an attempt to try and match the complaining witness to the defendant for DNA evidence or other testing.
The Importance of Retaining an Experienced Richmond Rape Lawyer
When an individual is dealing with rape, they could potentially face up to life in prison. With high stakes going into these types of cases, individuals will want an weathered Richmond rape lawyer on their side who has studied and practiced law for years. When looking for a seasoned criminal defense attorney, individuals should seek out a Richmond rape attorney who is in and out of court all the time, who is well-versed with the process, and knowledgeable about the tendencies particular local judges have regarding their verdicts.
Reaching Out to a Richmond Rape Lawyer
A knowledgeable Richmond rape attorney can advise the accused individual in the ways they should operate and maneuver from the time that they are accused of rape (whether it be just an accusation or an actual charge) to the instant the case is finished. They can tell the individual what to do, where to go, teach them how to acquire information, and have conversations as they are preparing the case. An attorney can help decide whether to set the case for a judge or a jury trial, determine what moves to make, and place the individual in the best possible position to be acquitted of their particular charge. If you are facing rape charges in the city of Richmond, call a dedicated Richmond rape lawyer today to help you take the next best steps for your case.
