Newport News Sex Crimes Lawyer
The Commonwealth of Virginia defines a sex crime as any sexual act with an individual who has not given consent or is not capable of giving consent. Physical contact and/or force aren’t always required in sex crime offenses. The Commonwealth outlines the type of sex acts that are crimes, in Section 18.2-61 to Section 18.2-67.10 of the Crimes and Offenses section of its codes. If you are charged with a sex crime, you must call a Newport News sex crimes lawyer. Being accused of a sex crime can ruin your reputation and standing in Newport News even before you go to trial. Furthermore, the consequences of being convicted of any sex crime can include jail or prison time and fines.
Newport News Sex Crimes Lawyer Handle Cases Involving These Charges
Rape (Section 18.2-61) is defined as an individual having sexual intercourse with the complaining witness by threat of force or intimidation. The complaining witness is described as anyone including the person’s spouse. The threat of force or intimidation can also include the complaining witness being physically helpless, mentally incapacitated, or under 13 years old. Rape also includes statutory rape and date rape.
Code Section 18.2-67.3 outlines aggravated sexual battery. This sex crime involves sexually abusing the complaining witness and any or all of the following factors:
- The act was accomplished because of the complaining witness’s physical helplessness or mental incapacity.
- He or she was under 13 years old.
- The act was by force, threat, or intimidation.
- The complaining witness was between 13 years old and 15 years old.
- He or she endured serious mental or bodily injury.
- He or she was threatened with a dangerous weapon.
Carnal knowledge of certain minors is outlined in Section 18.2-64.1. A person is guilty of this sex crime if he or she provides service to a juvenile with or without the use of force. This crime outlines a juvenile as being 15 years old or older. Carnal knowledge is described as any type of oral or sexual intercourse.
If you or a loved one has been accused of the sex crimes listed above or other sex crimes like sexual battery, attempted rape or child abuse of a minor under 15 years old, contact us. You need a Newport News sex crimes lawyer to build a defense for you.
Punishment for Sex Crimes
The severity of the sentence for a sex crime conviction depends on the circumstances involved. For example, a rape conviction brings five years to life in prison. If you are three years older than the complaining witness, you’ll receive a mandatory minimum sentence of 25 years. However, if you are over 18 years old at the time the rape allegedly occurs, and the complaining witness is under age 13, and you’re convicted, you face a mandatory minimum of life in prison.
The sentence for aggravated sexual battery is 20 years in prison, and up to a $100,000 fine. Carnal knowledge of a minor, which is a class 6 felony, brings one to five years in jail. It includes at least one year in prison and/or a $2,500 fine.
Possible Defenses to Use in Sex Crimes Cases
The particular defense your Newport News sex crimes lawyer will use depends on the facts of your case. However, there are some general defenses that are used in sex crimes cases. The following may be available to you. For example, it is important to challenge whether or not the complaining witness in a rape case consented to the sexual activity when it occurred, then recanted consent later. There have been numerous false claims filed by individuals who are intoxicated or angry at their alleged assailant for some reason. Your criminal defense attorney will challenge the complaining witness’s testimony.
There are also procedural challenges your Newport News sex crimes attorney can use. The evidence the Commonwealth is using may have been obtained illegally, without a proper warrant, for instance, or the police officer may have been overzealous in trying to force you to confess. Thus, he or she may have violated your Miranda rights. In other words, maybe you weren’t told that any incriminating statement would be used against you.
A Newport News Sex Crimes Lawyer Can Help
Whether you are facing sex crime charges or you know that an investigation is underway, contact a sex crimes lawyer in Newport News. He or she will start working on your case immediately. Sex crimes have a lot of tough consequences, including prison time and mandatory registration as a sex offender. If you have been charged, but not yet convicted, of any sex crimes, you can build your defense as soon as possible with the help of a Newport News sex crimes lawyer. Contact us today for a free consultation.
