Richmond Date Rape Penalties
Date rape and what has been referred to as traditional rape are essentially the same thing. The only difference is that date rape refers to the helplessness of an individual or the alleged victim’s inability to communicate their unwillingness to participate in the sex act. On top of that, the accused has to know or reasonably should know about the incapacity or helplessness.
That would include things such as somebody who is mentally incapacitated. Generally, with date rape, there is not going to be mental incapacitation, but somebody who is asleep or somebody who is intoxicated beyond the point of being able to communicate by words or by actions their unwillingness to participate in the sex act. As far as rape is concerned under the eyes of Virginia law, there is not a secondary code section for date rape as there is with traditional rape, it is all under the rape umbrella and is prosecuted that way. That means that Richmond date rape penalties are essentially the same as the penalties for other sex crimes. If you have been charged with a date rape offense, consult a capable date rape lawyer that could fight for you.
Potential Penalties Following a Conviction
If a person is convicted of rape or date rape, they are looking at anywhere from five years to life in prison. In addition to facing other Richmond date rape penalties, the person is going to have to register as a sex offender on a first offense. On a second offense, if convicted, a person is looking at a mandatory minimum of life in prison. With a first offense, a person can get anywhere from five to life and a judge can suspend some of that five years or all of that five years. On a second offense, no matter who finds the person guilty, whether it is a judge, a jury, or on a plea, if the person is found guilty of a subsequent date rape charge under 18.2-61, they are guaranteed to do life in prison every day until they die.
Marital Rape
There is a first offender designation for first-time rapists who are married to the alleged victim. There is also a first offender program for a first offense spousal rape designed and created to promote the maintenance of the family unit. It is in the best interest of the complaining witness/alleged victim. That means that if a husband or wife rapes their spouse, a judge finds them guilty, and the victim and the commonwealth attorney agree to it, then the charge against the accused can be dismissed after a period of counseling and treatment. A person can get their charge dismissed, even if found guilty of raping their spouse if everybody is willing to go that route.
Importance of Working With a Richmond Date Rape Lawyer
When facing date rape charges, it is vital that you consult a skilled date rape lawyer. If you are dealing with any kind of a crime, especially rape which is a very serious offense, you are walking into a situation where everyone involved is either an expert or extremely knowledgeable about the situation. The accuser knows what happened. The commonwealth attorney is experienced in these types of situations and knows how to secure a conviction. The police officers and investigators are professionals. The detectives are professionals. Your attorney is a professional as well, and they can use their knowledge and experience to help you. The lawyer could work to mitigate the Richmond date rape penalties you may face and could fight for a positive outcome for you.
