Laws
Please click on any of the subject headings below for information about that topic.State
Legal Rights
Choices Regarding Legal Issues
Federal
The Campus Sexual Assault Victims' Bill of Rights
The 1992 Higher Education Reauthorization Act
Drug-Induced Rape Prevention and Punishment Act Summary of H.R. 4137 (Solomon-Hatch)
State
**These laws are effective as July 1, 2010**
§18.2-62 Testing of Certain Persons for Human Immunodeficiency Virus
§18.2-63 Carnal Knowledge of a Child Between 13 and 15 Years of Age
§18.2-64.1 Carnal Knowledge of Certain Minors
§18.2-66 Effect of Subsequent Marriage to Child Over 14 Years of Age
§18.2-67.2 Object Sexual Penetration; Penalty
§18.2-67.2:1 Marital Sexual Assault; Repealed in 2005
§18.2-67.3 Aggravated Sexual Battery; Penalty
§18.2-67.4:1 Infected Sexual Battery; Penalty
§18.2-67.5:1 Punishment upon Conviction of Third Misdemeanor Offense
§18.2-67.5:2 Punishment upon Conviction of Certain Subsequent Felony Sexual Assault
§18.2-67.6 Proof of Physical Resistance Not Required
§18.2-67.7 Admission of Evidence
§18.2-67.8 Closed Preliminary Hearings
§18.2-67.9 Testimony by Child Victims and Witnesses Using Two-Way Closed-Circuit Television
§18.2-67.10 General Definitions
§18.2-152.7:1 Harassment by Computer; Penalty
§18.2-429 Causing a Telephone to Ring With the Intent to Annoy
Legal Rights
Adapted by GMU Sexual Assault Services
All survivors of sexual assault and rape have three legal remedies open to them. The three primary options are:
- Criminal prosecution
- Civil suit for damages
- Third-party report
GMU students have additional options, which are described at the end of this section.
These avenues are not mutually exclusive. First, it's important that you not feel coerced into any action. Criminal and civil suits take time and may result in no conviction or loss of a suit. Yet, many survivors who have chosen either or both options have found the process to be empowering, regardless of the outcome. Criminal and civil procedures are very different, with distinct sets of rules. They are briefly described below, as are third party reports. However, it would be helpful to discuss these options with a sexual assault counselor, victim-witness coordinator, a lawyer with experience in this area, as well as family and friends. Establish your support system in advance. These people are the same individuals you might rely on throughout the legal proceedings.
Criminal Prosecution:
In order to prosecute criminally, you must file a formal report with the police department. It is also to your advantage to have evidence collected at the emergency room. If you reported after the 72-hour "window" for effective evidence collection, you may still report, and still go forward with prosecution. You may request to speak to an officer who has experience dealing with victims of sexual assault and who can help to make the report an easier and more comfortable experience for you.
Once you have given a report to a police officer, the case is assigned to an investigator, usually a detective specially trained to handle sexual assault cases. You will also be assigned a Victim-Witness Assistant whose job it is to guide you through the legal system. You may also request the GMU Sexual Assault Services Coordinator to accompany you on all interviews, etc.
If you decide to press charges, and if the Commonwealth's Attorney decides there is enough evidence, criminal charges are brought against the assailant. If the location of the assailant is known, an arrest takes place and a bond hearing is held the next business day.
It may seem very impersonal, but from this point on your role becomes solely that of "witness". It is the state of Virginia ("the People"), as represented by the Commonwealth's Attorney, which brings charges against the perpetrator, with your testimony serving as evidence. Your testimony is essential to successful prosecution, yet you will only be in the courtroom during the time you testify. This means that you may be sitting outside the courtroom for hours until you are called.
Choices Regarding Legal Issues
Reporting to Law Enforcement
| If you choose to report | If you choose not to report |
You may withdraw your report at any time |
You will not automatically receive an evidence exam |
You should consent to a Sexual Assault Evidence Exam within 72 hours |
You should receive a general medical exam |
You can and are encouraged to have a victim advocate to be with you at the hospital |
You CAN change your mind and file a report to the police; your evidence will not be as substantial without the Evidence Exam |
Your name will be on the criminal warrant (legal document authorizing an arrest) |
You may file an anonymous report through a third party.(sexual assault crisis centers, etc.) |
Your name will appear on the indictment (legal document accusing a person of a crime) |
You have 72 hours of after the incident to change your mind and receive an Evidence Exam |
Your name and personal information WILL NOT be made available to persons not working on the case! |
You should seek support from some kind of victim service, sexual assault crisis center, counselor, victim advocate |
You will be interviewed by law enforcement, medical staff, investigator (detective), prosecutor (your attorney) |
You will be interviewed during your medical exam and if you choose follow up counseling (highly recommended!) |
Your medical fees will be paid for by the Commonwealth, hospital, police department or sexual assault crisis center |
Effective July 1, 2008 - Victims of sexual assault no longer have to report to police in order to request an evidence-gathering exam. Reporting to law enforcement is NOT a pre-condition for evidence collection or for payment by Criminal Injuries Compensation Fund. |
Lawsuits
| Criminal Case | Civil Case |
You wish the assailant to be charged with a crime and prosecuted by the Commonwealth |
You wish to hire a private attorney to sue the assailant or a third party for personal damages |
The defendant (assailant) must be found "guilty beyond reasonable doubt" |
Standard of proof is lower, jury does not have to be unanimous for you, the victim, to prevail |
An evidence exam within 72 hours of the incident will serve to collect as much evidence as possible |
An evidence exam may still be used in a civil case |
Your medical and legal fees are paid for by the Commonwealth |
if you win your suit, the defendant is ordered to pay money for damages caused - medical expenses, loss of income, tuition, pain and suffering, etc. |
Once tried as a criminal case, it cannot be tried again |
You can sue a third party, a business or a person, who failed to provide reasonable safety; usually this requires a relationship such as employee- - workplace, student-campus, guest-hotel, tenant- landlord, etc. |
Rape Shield Laws apply, meaning your past sexual history cannot be used in court |
Civil suits can be used alone, in addition, or after a criminal case |
You are charging one or more individuals with a crime |
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