Hampton Roads Statutory Rape Lawyer 

Statutory rape is when somebody over the age of 18 has sexual activity (or sex) with somebody under the age of 18. A lot of these charges come from third parties, specifically, the parents of the alleged victim who may not necessarily approve of their child being in a relationship with another person and they will notify the police. If you have been charged with statutory rape, consult a Hampton Roads statutory rape lawyer that could help. A qualified sex crimes attorney could build a solid defense for you.

Romeo and Juliet Laws

Romeo and Juliet laws basically involve an age exemption. People who are dating and their ages are not that far apart, they go to school together, but one person is over the age of consent and one is not. The idea is that the law cannot be used in the same way against those people.

Virginia does not have anything specific like that. However, if someone is over the age of 18 and they engaged in sexual intercourse with somebody over the age of 15 and it is consensual, that is contributing to the delinquency of a minor, a Class 1 Misdemeanor. It is not considered a felony like in many other states or if the accuser were under the age of 15.

Aspects of Statutory Rape Cases

The biggest difference between statutory rape and rape is the lack of consent. In rape cases, the alleged victim did not wish to have sex. In statutory rape, often there is consent. However, the argument is that because of the age of the alleged victim, they are not fully capable of consenting. It may not have been an unwanted act but the law deems that somebody at their age cannot make that decision yet.

The presence of consent is a mitigating factor. The government does not have to prove that this was done against the will of the accuser, and if they are able to show that these two were in a relationship, that is something that the judge can take into account as a mitigating factor.

Role of Lack of Intent in Statutory Rape Charges

Intent is not one of the factors or elements that must be proven. All the Government has to prove is that there was sexual intercourse between the defendant and the complainant and that the complainant was under the age of consent. However, if there is a relationship between the two, that is something that a Hampton Roads statutory rape lawyer could bring up to the judge as a mitigating factor.

Prosecution of Statutory Rape Charges

When statutory rape charges are brought and investigated by the police and CPS (Child Protective Services), if there is evidence to pursue charges, they will bring it to court. However, they are willing to work with someone on these types of things, especially if there is a relationship between the two people.

A Hampton Roads statutory rape lawyer needs to determine if the prosecution can prove that the defendant had a sexual relationship with the complaining witness, that is the most important element of this crime. If that can be shown and if there is no real dispute of that, they need to provide mitigating evidence, such as the fact that there is a current relationship going on between the parties or that they were in a relationship at the time; that no one was ever forced to do anything; that everything about this was consensual. In a lot of these cases, these are people who know one another, one party is older than the other, and somebody becomes upset by that.

Penalties Following a Statutory Rape Conviction

If someone is over the age of 18 and convicted of having sexual relations with somebody between the age of 15 and 17, it is a Class 1 Misdemeanor which carries 12 months in jail. However, if the person’s relationship is with somebody between the ages of 13 and 15, then it is a Class 4 Felony and carries up to 10 years in prison. The minor is not charged in this offense, only the person who is over the age of 18.

Depending on the age of the alleged victim and the exact charge, a person may not have to register. Also, if someone does register, it may be for a fixed period of time and not for the rest of their life, whereas if someone is just charged with rape, they are likely going to spend the rest of their life on the Sex Offender Registry.

How a Hampton Roads Statutory Rape Lawyer Could Help

Statutory rape is a serious crime that can have long-lasting effects on a person’s professional and personal life. If someone has been charged with statutory rape, they should seek an attorney who is experienced in handling sex crimes, who will fight for them, and try to get them the best possible outcome. A Hampton Roads statutory rape lawyer could devote the time and resources necessary to build an individual’s case.