State laws regarding sexual assault, domestic violence, and stalking are too numerous and are revised with such frequency that listing them would not be prudent. However, the following are brief summaries of what can be found in Article 7 of the Virginia Criminal Laws and Codes. Local resources can be contacted to obtain the written state code in more depth:
Fairfax County Commonwealth Attorney
Robert F. Horan Jr.
Courthouse, 4110 Chain Bridge Rd.
Room 123
Fairfax, VA 22030-4047
(703) 246-2776
fax (703) 691-2355
The Laws and Criminal Code Sections are as follows:
Section: Criminal Sexual Assault
18.2-61 Rape
18.2-62 Testing of certain persons for human immunodeficiency virus.
18.2-63 Carnal knowledge of child between 13 and 15 years of age.
18.2-63.1 Death of Victim.
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 Depositions of complaining witnesses in cases of criminal
sexual assault and attempted criminal sexual assault.
18.2-67.1 Forcible sodomy.
18.2-67.2 Object sexual penetration; penalty.
18.2-67.2:1 Marital sexual assault.
18.2-67.3 Aggravated sexual battery.
18.2-67.4 Sexual battery.
18.2-67.5 Attempted rape, forcible sodomy, object sexual penetration,
aggravated sexual battery, sexual battery.
18.2-67.5:1 Punishment upon conviction of third misdemeanor offense.
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 using two-way closed-circuit TV.
18.2-67.10 General Definitions.
18.2-67.10. General definitions. As used in this article:
1. "Complaining witness" means the person whom has alleged to have been
subjected to rape, forcible sodomy, inanimate or animate object sexual
penetration, marital sexual assault, aggravated sexual battery, or
sexual battery.
2. "Intimate parts" means the genitalia, anus, groin, breast, or buttocks
of any person.
3. "Mental incapacity" means that condition of the complaining witness
existing at the time of an offense under this article which prevents
the complaining witness from understanding the nature or consequences
of the sexual act involved in such offense and about which the accused
knew or should have known.
4. "Physical helplessness" means unconsciousness or any other condition
existing at the time of an offense under this article which otherwise
rendered the complaining witness physically unable to communicate an
unwillingness to act and about which the accused knew or should have known.
5. The complaining witness's "prior sexual conduct" means any sexual conduct
on the part of the complaining witness which took place before the
conclusion of the trial, excluding the conduct involved in the offense
alleged under this article.
6. "Sexual abuse" means an act committed with the intent to sexually molest,
arouse, or gratify any person, where:
(a) The accused intentionally touches the complaining witness's
intimate parts or material covering such intimate parts, or
(b) The accused forces the complaining witness to touch the accused's,
the witness's own, or another person's intimate parts or material
directly covering such intimate parts, or
(c) The accused forces another person to touch the complaining
witness's intimate parts or material directly covering such
intimate parts. (effective 7/1/94)
The following is a paraphrase. For detailed information see the Code of Virginia.
1. RAPE
Vaginal sexual intercourse with a person against her/his will
and by force.
Penalty: 5 years to life imprisonment; felony classification
2. FORCIBLE SODOMY
Oral sex (Cunnilingus, fellatio, anallingus) or anal intercourse by
force and against the will of the victim.
Penalty: 5 years to life imprisonment; felony classification
3. OBJECT SEXUAL PENETRATION
Penetration of the vagina or rectum with any object (animate or
inanimate) by force and against the will of the victim.
Penalty: 5 years to life imprisonment; felony classification
4. MARITAL SEXUAL ASSAULT
When a couple is living together and one partner engages in sexual
intercourse, oral sex, anal sex, or penetration of the vagina or anus
with any object (animate or inanimate) other than for genuine medical
purposes or forces spouse to penatrate self. Such an act is accomplished
against the spouse's will by force or a present threat of force against
the spouse or another person. Note: Threat or imtimidation are not
recognized as force under this section of the statute.
Penalty: 1 to 20 years imprisonment, or 12 months jail and/or
$1,000 fine. Any or all of the sentence may be suspended 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.
5. AGGRAVATED SEXUAL BATTERY
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 and a fine of not more
than $100,000.
6. SEXUAL BATTERY
Sexual abuse (fondling) of the victim by force and against the will of
the victim.
Penalty: 12 months jail and/or $2,500 fine
7. INCEST
Sexual intercourse between two people who are not permitted by law to
marry.
Penalty: 12 months imprisonment and/or $2,500 fine or if
commited against daughter or grandaughter, son or grandson, 1 to 10
years imprisonment and $2,500 fine.
Code of Virginia for Various Laws
Law Review.- For survey of Virginia criminal law for the year 1974-1975, see 61 Va. L. Rev. 1697 (1975). For article discussing the legislative history of sexual assault law reform in Virginia, see 68 Va. L. Rev. 459 (1982). For comment on spouse abuse in Virginia, see 17 U. Rich. L. Rev. 633 (1983). For note, "The Battered Woman Syndrome and Self-Defense: A Legal and Empirical Dissent," see 72 Va. L. Rev. 619 (1986). For survey on evidence in Virginia for 1989, see 23 U. Rich. L. Rev. 647 (1989).
Common-law battery compared with sexual battery.- The legislature imposed a greater burden on the Commonwealth to prove sexual battery than to prove common law battery, the latter requiring only a showing of nonconsensual touching. To prove the crime of sexual battery, the Commonwealth has to establish beyond a reasonable doubt that the accused touched the intimate parts of the complaining witness, or that the complaining witness was forced to touch the intimate parts of the accused with the intent to sexually molest, arouse or gratify any person. The acts must have been against the will of the complaining witness. Doss v. Commonwealth, No. 0019-85 (Ct. of Appeals July 30. 1986).
From the language of the statutes, the legislature intended some force other than merely that force required to accomplish the unlawful touching to be included within the statutorily defined criminal acts of either sexual battery or aggravated sexual battery. Where the complaining witness is at least 13 years old, unless some force is used to overcome the will of the complaining witness, the unlawful touching constitutes common-law assault and battery. Johnson v. Commonwealth, 5 Va. App. 529, 365 S.E.2d 237 (1988)
18.2-61. Rape.- A. If any person has sexual intercourse with a complaining witness who is 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 thirteen as the victim, he or she shall be guilty of rape.
B. If any person has sexual intercourse with his or her spouse and such act is accomplished against the spouse's will by force, threat or intimidation of or against the spouse or another, he or she shall be guilty of rape.
However, no person shall be found guilty under this subsection unless, at the time of the alleged offense, (i) the spouses were living separate and apart, or (ii) the defendant caused serious physical injury to the spouse by the use of force or violence.
C. 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. There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 14, 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 of subsection B 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.
D. Upon a finding of guilt under subsection B in any case tried by the court without a jury, the court, without entering a judgement of guilt, upon motion of the defendant 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. (Code 1950, 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1982, c. 506; 1986, c. 516.)
18.2-67. Depositions of complaining witnesses in cases of sexual assault and attempted criminal sexual assault.- Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, with the consent of the accused first obtained in open court, by an order of record, may direct that the deposition of the complaining witness be taken at a time and place designated in the order, and the judge may adjourn the taking thereof to such other time and places as he may deem necessary. Such deposition shall be taken before a judge of a circuit court in the county or city in which the offense was committed or the trial is had, and the judge shall rule upon all questions of evidence, and otherwise control the taking of the same as though it were taken in open court. At the taking of such deposition the attorney for the Commonwealth, as well as the accused and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open ]court. No other person shall be present unless expressly permitted by the judge. Such deposition shall be read to the jury at the time such witness might have testified if such deposition had not been taken, and shall be considered by them, and shall have the same force and effect as though such testimony had been given orally in court. The judge may, in like manner, direct other depositions of the complaining witness, in rebuttal or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first deposition. The cost of taking such depositions shall be paid by the Commonwealth. (Code 1950, 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c. 397.)