Age of Consent Questions for Virginia

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Virginia. Ask your Question

15 year old female, 27 year old male

:: May 13, 2008 09:17

My daughter was 15 and got pregnant by a 27 year old convicted felon. She said someone else was the infants father. Took me almost a year to get a court order for dna test to prove the alleged father wasn't the father. I was finally able to put the pieces of the puzzle together to get the 27 year old info and located him. I filed via child support enforcement to get a dna test that I would not have to pay for since I could not afford it. I also filed a report with the police dept. about the incident and included the fact that she told all her friends that this guy raped her, she knew him but did not want him to get into trouble because he was "nice". I have been told by the investigating officer that there is a one year statute to prosecute this individual. If this is the case, the year had expired by the time the infant was 3 months old. He is now 20 months old. I do not think it is right for him to walk without penalty. The father who molested my daughter is also now trying to get visitaion rights for the baby. Please help!

Virginia laws read that at the age of 15, this would have been considered a misdemeanor which has a statute of limitations of 1 year. So, unfortunetly, the officer may be right; however, if the 27 year old was previously convicted of a crime and was on probation at the time, or, if the previous conviction was similar in nature to this crime, it could be more serious than a misdemeanor. If you haven't already done so, ask the investigating officer if this guy was on probation or what his previous convictions were. Or, you could contact the District Attorney's office directly and set up an appointment to speak to a DA or see if they will speak to you over the telephone. The District Attorney's make the ultimate decision on what the charges are to be filed in a case and they prosecute the offenders. It doesn't cost anything to talk to a DA; however, they are usually pretty busy so it can take a little patience and percerverence. The fact that this guy was a felon previously or at the time of the offense may have an impact on how it's handled. There is just no way for us to know for sure.

Virginia-17, she turns 15 soon

:: April 20, 2008 17:49

I had sex with a girl a few times, around five. I just turned seventeen, and she turns fifteen soon, but is still fourteen. In the state of Virginia, what would be the legal penalty should her parents find out and report me to the police? Thanks.

The law is below. (B) could apply to your situation. The definition of "Carnal Knowledge" includes the acts of sexual intercourse, cunnilingus, (oral sex) fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.

§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.

A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony. B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor. In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used. C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration. (Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1993, c. 852; 2007, c. 718.)

Punishment if convicted

Depending on the class of crime convicted for, punishments could range from probation and a fine, to incarceration for up to 5 years and a fine. These are maximums and prior history could impact sentencing.

Will this effect my career?

:: April 18, 2008 01:05

When my longtime girlfriend was 17 and I was 19, we had intercourse a maximum of 10 times. She was turning 18 in 3 to 5 months. Now she is 19 and I am 21 and we have been dating for over a year and a half and continue to have intercourse. I am applying for a law enforcement career in about a year and I know they will ask if I have ever had sex with a minor when I was of age. Will my response of yes hurt my career and/or result in jail time and a fine? Or will that this has happened in the past and at the time of the polygraph we will have dated for 2 and a half years make the incident have no effect on me? Thanks.

This is a question that has never been asked here before. A very good question! Unfortunately, this is more of a hiring practices and policy issue, than a state law issue. We stick mainly to researching areas of state law due to our limited resources; however, your question is highly relevant and important. I would like to assist any way I can as it may encourage others who are in the same or similar situation.

    One thing you may want to consider as a method to obtain answers locally (and for self preservation) would be to find an attorney, or a private investigator to make general inquiries on your behalf. As a client, your identity would be confidential. They may be able to find the most accurate details for local hiring practices and policy in your chosen career field. Or, if you have a friend you trust to be professional and persuasive, who would be willing to make these types of inquiries directly without revealing your identity, this would be another approach to getting the answers you require. Another possibility, is to join some law enforcement career forums and make inquiries to the admins within the forums. Again, general information may be helpful, but the more "local" the information, the more relevant it's likely to be to you.
For now, it may be in your best interests to continue researching this question anonymously, as it is self incriminating based on Virginia laws. I did a Google search and found some forums. I have no idea if these will be helpful and can not attest to their reliability. http://www.officer.com/ http://forums.officer.com/forums/forumdisplay.php?f=20 http://www.policelink.com/discussions Feel free to add comments if you find answers to this question or have suggestions on the matter. There will be a delay in posting your response as we monitor all comments. You can thank the annoying spammers for that!.

Rape of a Child

:: December 08, 2007 14:00

I've been looking at the code of Virginia and I can't find information specifically regarding the rape of children under 13. I can only find info on the sexual abuse of children 13-15. Is it in a different section? Also, is the statute of limitations really only 2 years? I'm so confused. Thank you.

§ 18.2-61. Rape.
A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape. B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; the penalty for a violation of subdivision A (iii), where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A (iii), where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness. C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.
A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony. B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor. In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used. C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration. (Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1993, c. 852; 2007, c. 718.)
§ 19.2-8. Limitation of prosecutions.
A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense. Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense. NOTE FROM RESEARCHER: Virginia limitations of prosecution statute lists several limitations specific to certain other felonious acts as running five (5) years; however, we found no limitation of time documented within our accessible data specific to acts of rape, or other felonious sexual offenses. Our research was inconclusive in that regard. In applying common sense as it relates to the other felonious violations listed, we would speculate that the statute of limitation for sexual offenses is likely five (5) years or more.

18 and 39?

:: August 08, 2007 19:11

I'm 18 years old and my boyfriend is 39. My parents are threating to have him arrested, can they do that? Is there anything else that my parents can do to stop us?

This depends on the circumstances. If you were involved sexually with him prior to turning 18, it is possible they could file a complaint against him. If he was your teacher, professor, or someone in a position of authority over you while you were under the age of 18 and were sexually involved with him while still a minor, they could file a complaint. If he is someone you met online while you were a minor and he solicited you for sex, they could file a compaint. It would be up to a state prosecutor to determine if any criminal violations took place. Technically, at 18 years of age you are legally an adult and accountable for your own legal conduct and legal decisions. You can legally be married, joing the armed forces, sign legally binding contracts etc...

17 and 17?

:: July 04, 2007 16:23

Both my boyfriend and myself are currently 17. He is five months older than me. Are we in violation of consent laws if both of us are under the age of consent? And how often are pre-marital sex laws actually prosecuted?

It is illegal to have sexual conduct with any person under the age of 18 in Virginia. This includes minors who are both under the age of consent. Age of consent laws are being prosecuted with frequency and regularity. There is both state-wide and nation-wide focus on this issue.

17 and 20

:: June 19, 2007 10:16

I am 17 and my longtime boyfriend is 20. We are both legal residents of Maryland, where I know the legal age of consent is 16. However we recently moved to Virginia for a year, so we are not legal residents of the state. Can he be charged with rape, even though we technically still live in Maryland?

Jurisdiction falls to the laws of the state you are located in at the time the sexual act occurs no matter your state of residence. The laws in the state of Virginia would apply. The age of consent in Virginia is 18.

Virginia age of consent - laketia

:: May 21, 2007 12:37

If you are having sex with a man that is older than you and your parents try to take him to court about it and you said that it was willing and that you wanted to have sex with him but they still took him to court, will he get into any trouble behind this

If you were under the age of 18 and had sex with a man older than you, he violated State law in Virginia and committed a sexual offense against a minor. Anyone under the age of 18 legally can not consent to have sex. When your parents learned about this, they were legally obligation to report it to police. As parents, if they have knowledge of a crime involving their minor child and do not report the crime to police, they risk losing their parental rights and also can be found in violation of the law. Once your parents reported him to police, the outcome of his arrest and trial was out of their hands completely. The State of Virginia takes over and the state prosecutor's office investigates and files charges based on the outcome of their investigation. Your parents actually do not have control over what happens once they report it to police. If the prosecutor asks your parents to testify in a trial, they are legally obligated to do so. If the prosecutor wins his case, the guy will be in trouble and could face a fine and jail time. Without the actual ages of both parties, there's no way to know how much trouble he might be in.

question please help

:: September 11, 2006 22:26

a girl is 14 and the guy which is my son is 29 if he gets her pregent can they get married before the baby is born and be fine an not get into trouble with the police or the state ! if both parties agree and my son agrees to be the daddy and marry her ! please help me with my son and the law of this ! thanks

If any person has sex, without the use of force, with a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony in the State of Virginia. The Virginia District Attorney may be well within the law to file charges against your son on behalf of the State of Virginia. Marrying the minor may not settle this as a matter of law. I would advise your son to seek legal counsel as soon as possible.

16 and 18

:: September 01, 2004 03:28

My girl friend just turned 16 in October, and i'm turning 18 in november. We are about one year and 11 months apart. When I am 18 what am I allowed to do, and what am I not allowed to do?

Once you turn 18, sexual intercourse with anyone under 18 becomes a class 1 misdemeanor, with a penalty of up to 1 year in jail and a $2500 fine. An interesting side note, one law that's still on the books in Virginia makes premarital sex between adults over 18 illegal, with a penalty of a fine up to $250.