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For more information about the Romeo and Juliet law, contact the Manassas Law Group by calling You can also leave us a message on our website. Virginia Romeo and Juliet Laws by manassaslaw April 8, 0 comments. Includes sexual intercourse with a minor, who is younger than 13 and a defendant of any age. Increased penalties will apply to defendants with prior convictions.
But if the two are legally married and living in Virginia, no crime has taken place. And, unlike many states, the Romeo and Juliet law is a limited exception the reduces the conduct from a felony to a misdemeanor offense. This is because the law does not believe a year-old can consent to sexual activity.
Minors fall into this category.
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In Virginia, rape, at its definition, is when sexual activity occurs without informed consent from both parties. Some of the following defenses may apply as well: Marital Exception: Va. Virginia Romeo and Juliet Law: Va. Mistake of Age In many states, the mistake of age is not a reasonable defense.
At the Manassas Law Group, we understand that these types of crimes are emotionally fraught and can do harm to reputations. A conviction for sexual conduct with a minor can result in a prison sentence ranging from a year to life, depending on the facts of the case. It is important to note that despite this law, it is still illegal to forcibly rape your spouse.
In the eyes of Virginia law, a minor cannot consent to sexual activity. Virginia can and will prosecute him under its sexual assault laws.
If a man forcibly rapes his wife, he has no defense under the law, despite the fact that they were married. The age at which a person can legally consent to sexual intercourse in Virginia is For this reason, Virginia lists allowances for children ages Statutory rape is a serious crime that comes with harsh penalties in Virginia. This is a Class 4 felony, when the defendant is 18 years or older.
For example, if a year-old engages in sexual activity with a year-old, that is illegal, regardless of if the year-old consented to the sexual activity.
This is a felony offense that incurs at least 5 years in prison up to lifea fine, or both. So, if a year-old has sex with her year-old boyfriend, the boyfriend is guilty of statutory rape. Below is an overview of the charges defendants might incur: Rape: Va. Causing or Encouraging Juvenile Delinquency: Va. What are the Penalties for Statutory Rape in Virginia?
Increased penalties may also apply for defendants who were in a position of power: this includes clergymen, a teacher, or a coach. Furthermore, it only applies when these minors are at 15, 16, or 17 years old. The Rome and Juliet law exception exists to protect two teenagers engaging in consensual sex when they are close in age, as Romeo and Juliet were. What are the Virginia Statutory Rape Laws? If a minor is 15, 16, or 17, the defendant can argue that they believed the minor was not a minor.
This includes sexual, oral, or anal intercourse between a minor who is and a defendant who is at least 18 years old. Penalties will vary and could include prison time, fines, or both. As such, the prosecutor does not need to prove that any kind of assault occurred in a statutory rape case. For this reason, we handle each and every case with discretion and integrity.
This includes sexual intercourse, or penetration of any kind, between a minor who is years old and a defendant of any age. Below is an overview of the charges defendants might incur:. Virginia divides the various charges into severalbased on the difference in age between the two parties and the type of sexual activity that occurred. Contact the Manassas Law Group At the Manassas Law Group, we understand that these types of crimes are emotionally fraught and can do harm to reputations.
What is Statutory Rape in Virginia? The usual defenses are available to defendants facing statutory rape charges.
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This is not a viable defense in Virginia court. They may even argue that the minor represented themselves as older and that a reasonable person would believe them. Virginia has an exemption for statutory rape that allows two married people to have consensual sex, regardless of their ages. And, many rape crimes to involve this, but not all.
In many states, the mistake of age is not a reasonable defense. The state of Virginia protects several groups, because in general, they are unable to provide informed consent. Typically, the younger the minor is, the harsher the punishment will be. The Romeo and Juliet Law makes an exception when both parties are minors. Arrange a Consultation Get In Touch Schedule a Consultation. This is a Class 6 felony when the defendant is younger than 18 and at least 3 years older than the victim.