Portsmouth Sex Crimes Lawyer
Being charged with a sex crime is a very serious matter that can be humiliating, alienating and frustrating for those accused. You may be concerned about how these allegations may affect your career, your reputation and your family. While avoiding the subject may allow you to put the allegations out of your mind for the moment, it will not benefit you in the long run. It is essential that you consult an experienced Portsmouth sex crimes lawyer as quickly as possible in order to protect your rights.
Sex Crimes in Virginia
There are a wide range of sex crimes in Virginia, including rape, sexual battery, sex trafficking, child sexual abuse, abduction and child pornography, among others. By working with a Portsmouth sex crimes lawyer, you’ll have the advantage of an advocate who understands the stress and difficulty you are experiencing and can work to develop a comprehensive defense strategy to meet your personal needs.
Sexual Battery
Under Virginia Code Section 18.2-67.4, a person commits sexual battery if he or she sexually abuses someone using force, threat, intimidation, or ruse. Sexual abuse is defined as touching a person’s intimate parts, whether under or over their clothing, with an intent to sexually molest, arouse, or gratify any person. This includes touching someone else’s intimate parts, or forcing the person to touch your own intimate parts.
Sexual battery is a Class 1 misdemeanor carrying a jail sentence of up to 12 months and up to $2,500 in penalty fines. So if accused, it may be in your best interest to contact a Portsmouth sex crimes lawyer as soon as possible.
Aggravated Sexual Battery
Sexual battery is considered a more serious offense. It is called aggravated sexual battery if it involves sexually abusing a child under 13; if you are the victim’s parent, step-parent, grandparent, or step-grandparent and the victim is between 13 and 18 years old; or if the victim is mentally or physically incapacitated.
Using threat, intimidation or force in the commission of the act while also using or threatening to use a weapon, causing serious bodily injury to the victim, or abusing a victim between 13 and 15 years old will raise the offense of sexual battery to aggravated sexual battery.
If the victim is a child under 13, the definition of sexual abuse also includes causing the child to touch his or her own intimate parts, or to touch or a third party’s private parts, or forcing a third party to touch the child.
Aggravated sexual battery is a felony carrying a penalty of up to 20 years in prison $100,000 in fines, under Virginia Code Section 18.2-67.3.
Rape Charges in Portsmouth
Rape is defined as having sexual intercourse with someone by use of force, threat or intimidation, or with a child under 13, or by taking advantage of a victim’s mental or physical incapacity.
Rape is a felony punishable by between five years and life in prison. Depending on the facts of the case and whether a child was involved, a mandatory 25 year prison term may be imposed. If accused of rape you should contact a Portsmouth sex crimes lawyer immediately.
Virginia Sex Offense Registry
Depending on the type of offense you are convicted of, you may be required to register with the Virginia sex offense registry, which can seriously impact your reputation, job prospects, and where you can legally reside. If you have been accused or convicted of a sexually violent offense or a sex crime against a child, you will need to consult an experienced Portsmouth sex crimes lawyer.
Your Portsmouth sex crimes lawyer can petition the court on your behalf to have you removed from the registry after five years, or three years if the offense was committed outside of Virginia. If your offense was considered nonviolent, you may also be eligible for expungement of your record. This means that your record would be sealed from the public and only law enforcement would have access to it.