If you have been accused of sexual violence towards someone else, you may be facing sexual assault and battery charges in the state of Virginia. There are various crimes relating to sexual assault and the prosecutor on your case will decide what to charge you with depending on the circumstances surrounding the incident. No matter what charges you face, it is important to have an effective defense strategy to defend yourself and minimize the penalties you face.
In Virginia, rape involves having sexual intercourse with someone against their will or through the use of force, threat, or intimidation. A rape conviction could result in five years to life in prison.
Sexual battery often refers to sexually abusing a person through force, intimidation or trick against their will. Sexual battery also refers to sexually abusing more than one victim or the same victim on multiple occasions within a two-year period. This is generally a Class 1 misdemeanor and could result in up to a year in jail and up to $2,500 in fines.
Aggravated sexual battery is a more serious crime and generally involves the sexual abuse of someone under 13 years of age, an offender who is the parent/grandparent or step-parent/grandparent of an alleged victim between 13 and 18 years of age, or use of a dangerous weapon. You could face anywhere from one to 20 years in prison and up to $100,000 in fines.
The court will determine the severity of the consequences you face for sexual assault and battery based on many factors including the age of the alleged victim, the severity and frequency of the alleged abuse, and the mental capacity of the alleged victim. To protect your rights, consider speaking with a criminal defense attorney about your sexual assault and battery charges as soon as possible.
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