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Police Department

Associated Laws

There are numerous laws concerning Sexual Assault, Sexual Battery and Rape. Below is a listing of some of those laws. The following listings are paraphrases. For detailed information, see the Code of Virginia.


RAPE

Title 18.2-61 Code of Va.
Definition: Vaginal sexual intercourse with a person against his/her will and by force.
Penalty: 5 years to life imprisonment

AGGRAVATED SEXUAL BATTERY

Title 18.2-67.3 Code of Va.
Definition: Sexual abuse (fondling) of the victim by force and against the will of the victim, AND/OR serious bodily or mental injury to the victim results AND/OR the assailant uses or threatens use of a weapon.
Penalty: 1 to 20 years imprisonment

SEXUAL BATTERY

Title 18.2-67.4 Code of Va.
Definition: Sexual abuse (fondling) of the victim by force and against the will of the victim.
Penalty: 12 months jail and/or $2,500.00 fine

FORCIBLE SODOMY

Title 18.2-67.1 Code of Va.
Definition:Oral sex (cunnilingus, fellatio, anilingus) or anal intercourse by force and against the will of the victim.
Penalty: 5 years to life imprisonment

INANIMATE OBJECT SEXUAL PENETRATION

Title 18.2-67.2 Code of Va.
Definition: Penetration of the vagina or rectum with any object by force and against the will of the victim.
Penalty: 5 years to life imprisonment

MARITAL SEXUAL ASSAULT

Title 18.2-67.2:1 Code of Va.
Definition: When a couple is living together and one partner forces or threatens the other into vaginal intercourse, forcible sodomy, or inanimate object sexual penetration and does NOT cause serious physical injury, the charge is marital sexual assault. However, if the couple is living together and serious physical injury is caused during the assault, the charge would be listed above in 1-3. In order for charges to be brought against the offender/spouse, marital sexual assault must be reported within ten days to the police, unless the victim/spouse is rendered physically unable to report.
Penalty: 1 to 20 years imprisonment, or 12 months jail and/or $1,000.00 fine. Any or all of the sentence may be suspended upon the defendant's successful completion of counseling or therapy, either before or after sentencing, after consideration of the views of the survivor and the Commonwealth's Attorney representing the case.

INDECENT LIBERTIES

Title 18.2-63 Code of Va. (Commonly referred to as "Statutory Rape")
Definition: Sexual intercourse with a person aged 13 or 14, with consent, when the offender is 3 years or more the senior.
Penalty: 1 to 5 years imprisonment and/or $1,000.00 fine (If the offender is less than 3 years the senior the charge is fornication, a misdemeanor. Any person under the age of 13 has no legal capacity to consent to sexual intercourse; therefore, if a person under the age of 13 has sexual intercourse, the offender should be charged with rape.)

INCEST

Title 18.2-366 Code of Va.
Definition: Sexual intercourse between two people who are not permitted by law to marry.
Penalty: 1 to 10 years imprisonment and/or $1,000.00 fine