Society places a negative emphasis on certain kinds of crimes. People accused of rape or another sexual offense can begin to feel the societal pressures that result from association with these crimes instantaneously. While cultural pressures and communal morals certainly have their place in upholding a society, the court system is less reactive—everyone is innocent until proven guilty. Even the guilty, while ultimately punished, deserve fair and humane treatment in the judicial system.
When you are under investigation for a sexual crime, a Chesapeake rape lawyer can help you prepare an effective defense. A defense attorney can provide support in navigating the unique, pressure-filled environment surrounding your case.
What Is the Definition of Rape?
Virginia Code § 18.2-61 defines rape as when a person has sexual intercourse with someone against their will—either due to the manipulation of their incapacity or through the use of threats or force. Additionally, rape occurs when the victim is under the age of 13, regardless of whether the person employs any form of force, threat, or manipulation.
Additionally, as stated in Virginia Code § 18.2-67.6, rape does not require that the victim resist, either physically or verbally.
Even when a case does not meet the strict definition of rape, potential criminal liability may still happen for the accused person. Virginia Code § 18.2-67.5 makes attempted rape a felony. Moreover, the Commonwealth criminalizes many related sexual offenses in addition to rape, such as sexual battery.
Speaking with a rape attorney in Chesapeake can provide insight into how these laws apply in a given context and the impact on the appropriate strategies for a defense.
What Are the Penalties For Rape?
According to Virginia Code § 18.2-61(B), the penalty for rape is imprisonment for anywhere from five years to life.
However, the penalties for rape vary widely depending on many factors, including the ages and relationship of the people involved. For example, when the accused person is over 18 years old and the victim is younger than 13, a life sentence is mandatory.
On the other hand, when the accused person and the victim are spouses, there is greater potential for leniency. When the accused person has never been found guilty of rape or had a rape charge dismissed and if, crucially, the victim and the Commonwealth’s attorney agree, the accused person may be placed on probation until they complete a proscribed therapy or counseling regimen.
Regardless of the sentence imposed, Virginia Code § 9.1-902 requires anyone who violates or attempts to violate the rape statute must register as a sex offender—a requirement that can have a drastic effect on an individual’s employment and housing prospects for a lifetime. A lawyer in Chesapeake can identify what level of penalty might apply to a certain rape case.
Call a Rape Attorney Today to Begin Building a Defense
When you have been accused of rape or another sexual crime, you may be overwhelmed by the stress and magnitude of your dealings with the legal system. These charges can have a significant impact on many aspects of your life. Protect your reputation and future by building a strong defense with an attorney. Reach out to a Chesapeake rape lawyer to schedule a consultation and see how we can help.
