Sexual assault or sexual battery refers to the unwanted or non-consensual sexual contact between two individuals. This typically can be grabbing or groping but it actually excludes actual intercourse. Sexual battery is an act committed with the intent to either molest, arouse, or gratify any person where the defendant or the aggressor touches that person in intimate parts or forces someone else to touch that person. In Henrico Virginia, rape is also known as a sexual battery. It is a sex crime that is considered a form of forced sexual contact. The force used can be physical or emotional (threat, intimidation, pressure, coercion).
Sexual Battery Charges in Henrico Virginia:
This is a very serious charge in the state of Virginia and in Henrico in particular. The charge can be anywhere from a class 1 misdemeanor up to an aggravated felony. If convicted you could face a lifetime registration as a sex offender and severe criminal penalties from one to 20 years of incarceration. It’s considered a violent offense because it amounts from a battery or an unwanted touching. In other words, an individual is forcibly touching another person in a manner that they did not consent to. For that purpose, it’s viewed as a violent offense. The penalties for sexual battery vary from a misdemeanor to a felony, if it’s an aggravated case, the felony charge can come with up to 20 years in jail in an aggravated case. Aggravated cases are ones that involve minors, the use of force that involves serious bodily or mental injury.
Main Provisions of Henrico Virginia’s Rape Laws:
Henrico Virginia Code section §18.2-61 demonstrates the provisions regarding the rape laws.
- Elements of Rape/Sexual Assault:
- Sexual intercourse with another person, whether or not his or her spouse and
Against that person’s will by force, threat or intimidation of or against the complaining witness or another person; or
Through the use of the complaining witness’s mental incapacity or physical helplessness; or with a child under age 13 as the victim.
- Sexual Assault (Generally): Sexual assault is any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion.
- Penalty: Felony, between five (5) years and life imprisonment depending on circumstances. Additional penalties apply to someone who rapes a child younger than 13 years old, and, may include a 25 year (to life) mandatory minimum prison sentence, depending on the severity of the circumstances of the crime.
- Sexual Contact: The deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks, or clothing covering any of those areas), or using force to cause a person to touch his or her own or another person’s intimate parts.
- Mandatory Sex Registration: Sex offenders must, by law, register in the Virginia Sex Offender Registry. Sex offenders who intentionally do not comply with the mandatory registration requirements by failing to register or providing false information face serious consequences, including returning to prison or jail.
The above mentioned points clearly depict the complete details of the provisions of Sexual Battery Laws in Henrico Virginia.