Virginia Beach Statutory Rape Lawyer

Statutory rape is a criminal offense when a person has sex with somebody and it is consensual, however, the law decrees that this is not an appropriate person to have sex with. The most common one example is if a person has sex with a minor. If they are over the age of 18 and they have sex with somebody under the age of 18, this is considered a statutory rape.

Any sex crime charge is very serious, especially if it is involving some sort of rape. A statutory rape charge is can lead to serious penalties that include fines and jail time. If you have been charged, it is crucial to contact a Virginia Beach statutory rape lawyer.

Unique Aspects of Statutory Rape Cases

The big difference of statutory rape cases compares to typical rape cases is that generally, the alleged victim is stating that they did not consent. In a statutory rape case, the alleged victim usually consented to the sex but, under the law, the behavior is not allowed.

It is sometimes different because the victim does not necessarily feel as if they have been violated and, often, the accused may not feel they have done anything wrong because they may be in a committed relationship with the person that they have engaged in sex with.

Romeo and Juliet Law

The Romeo and Juliet law specifies that if minors who are close in age have sexual intercourse, then the statutory rape laws do not apply. However, Virginia does not have a specific Romeo and Juliet statute but they do have something similar in a sense that. For example, if a person is over the age of 18 and they have a sexual relationship with somebody 15 or older, instead of being treated as a felony, it is treated as a Class 1 misdemeanor. A Virginia Beach statutory rape attorney can provide more on how this may apply to a specific case.

Penalties of a Statutory Rape Conviction

There are many different scenarios that can take place following a statutory rape conviction. Here are the different scenarios a Virginia Beach statutory rape lawyer can explain:

• If a person is engaged in a consensual relationship and they are over 18 and the other person is less than 18 years old but is 15 to 17 years old, it is considered a Class 1 misdemeanor which means up to 12 months in jail
• If a person is an adult and they have sexual intercourse with somebody between the ages of 13 and 15, that can be considered a Class 4 felony, which carries with it up to 20 years in jail
• If a person is under the age of 18 and they have sex with a minor but they are more than three years older than the minor, for instance, a person is 17 years old and the victim is 12, that is considered a Class 6 felony, which is up to five years in jail
• If a person has sexual relations with somebody and the persons are both under the age of 18 and they are within three years age difference, it is considered a Class 4 misdemeanor which carries up to a $250-fine

When one of the parties is an adult, the statutes apply towards the adult and not towards the child. When they are both minors, in theory, either minor can be charged with the crime, but usually, the older of the two minors will be charged.

Contact a Virginia Beach Statutory Rape Lawyer

A person wants a lawyer who understands the law and the differences between all of the various statutes of a rape charge. An experienced Virginia Beach statutory rape lawyer may be able to negotiate a lesser charge.