Hampton Roads Rape Lawyer

While people understand that rape is a serious sexual offense, individuals may be unclear about the specifics of the offense. Rape is sexual intercourse with a complaining witness where the complainant is forced to have sex against their will, either by force, threat or intimidation. It is also rape if the complaining witness is incapacitated or under the age of 13. The rape statute in Virginia does not have a separate date rape statute. If someone is over the age of 18 and they have sex with somebody who is under the age of 16, that can be considered carnal knowledge of a minor. That is similar to the statutory rape charge in other states. There are other charges with that but, if someone is charged with rape in Virginia, they are going to be charged under the rape statute, Va. Code §18.2-61. Rape is a felony offense and could have life-changing consequences for an individual. With so much at stake, it is important for individuals who have been charged with rape to seek the services of a qualified sex crimes attorney. A capable Hampton Roads rape lawyer could build a solid case for them.

What Makes Rape Different From Other Sex Crimes

Rape carries the possibility of life in prison, so it is very serious. Not every sex crime offense carries that punishment; the harshest penalties of all the other sex crimes. Rape is considered the most serious of the sex offenses and considered one of the worst things a person can do to another person. When a person is charged with rape, the prosecutor’s office treats it very seriously, often handled by the most senior prosecutors. An experienced Hampton Roads rape lawyer could devote the time and resources necessary to defend an individual. The police officers who handle these types of cases are trained to handle these types of things.

Date Rape

Virginia does not have a separate date rape statute, but date rape falls into the rape category. Other states have specific charges that involve meeting somebody and committing that rape. In these types of cases, there is no existing relationship between the parties and the question comes down to whether or not there was consent, whether the two parties were in the position to consent, and so on.

It is often difficult for a Hampton Roads rape lawyer to secure sources of credible evidence in date rape cases because there are often no witnesses at all, just the complaining witness and the accused. Their stories may not be different, especially if it is a situation where they both agreed to have sex, and then one person is saying it was consensual and one saying that it was not. Alcohol is often a factor in these types of cases so exact memories may be hazy. Often in these cases, both parties admit that it was consensual, so getting forensic DNA evidence is not necessarily going to prove anything that is not confirmed.

Potential Penalties Following a Rape Conviction

Rape in Virginia is a felony punishable by five years to life in jail. A person can be punished with up to life in prison and then, depending on if the victim was a minor, there may be a mandatory minimum of 20 years. If this is a repeat offense, if convicted, they must receive life in prison.

In terms of other consequences, the person would have to register as a sex offender and they also will very likely be looking at a civil commitment after their sentence ends if they do not receive life in prison. However, before they can get out, they are civilly committed as a sex offender and not allowed to return to society just yet. Aggravating factors in rape cases can depend on the facts of the case. The court looks at factors like the nature of the offense, whether a weapon or violence was used, the age of the act, and whether the accused was a stranger or someone that the accuser knew.

Value of Hiring a Hampton Roads Rape Attorney

Rape is a crime that could potentially result in a life sentence, which is why it is important to work with an experienced sex crimes attorney. A Hampton Roads rape lawyer could meet with a person and prevent them from implicating themselves by speaking too much or turning over incriminating evidence. An attorney could also speak with the prosecutor and see what options are on the table, in terms of negotiating. A qualified lawyer could review the facts of the case and determine what defense strategy works best. Those who have been charged should speak with a qualified attorney that could advocate for them.