Virginia Age of Consensual Sex
The legal age for consent in Virginia is 18 years old. However, it is important to keep in mind that in a criminal context (such as those in the Code of Virginia), Virginians are considered an adult at the age of 16, with exceptions for those seeking to marry before turning 18 (includes pregnancy, parental consent, court approval). It is also noteworthy that strict penalties apply to relationships when one partner is of a significantly younger age than the other. Under Virginia law , anyone under the age of 15 is strictly prohibited from engaging in any sexual activity with another person who is at least three years older than the minor. This practice is referred to as consistent with "crimes against nature" and "unlawful sexual conduct with a minor."
Age-of-consent laws are designed to protect those who have not yet reached the age of majority. Minors are considered less responsible or accountable for their actions and may be vulnerable to abuse in these sexual situations.
Virginia Statutory Rape
Whenever you are charged with any kind of sex offense in Virginia you are accused of a very serious crime. However, Virginia’s laws regarding sex crimes also include one of the most severe offenses known as "statutory rape." If convicted, you may lose your right to vote and numerous other penalties that will follow you for the rest of your life. In this section, we will explain Virginia’s statutory rape laws, how they compare to other sex crimes, the potential penalties if convicted, and potential defenses available to a person accused under these laws.
In Virginia, under ยง 18.2-63, if a person has intercourse with a person under the age of 13, the law presumes that the person accused had the criminal intent to commit an abominable and detestable crime not fit to be named. This means that if you are accused of statutory rape, it is assumed that prosecutor does not need to prove you intended to have sex with the girl in question, that it was not consensual, and that you knew the victim was underage. Rather, the prosecution only needs to prove that the sexual act occurred in order to charge you with the crime. Additionally, unlike many sex offenses, Virginia does not have a statute of limitations on statutory rape: There is no time limit on the prosecution of a criminal case for carnally knowing a girl under the Age of 13. Notwithstanding the time periods otherwise provided by law, prosecution for such an offense may be commenced at any time. If the prosecuting attorney or the Commonwealth’s attorney files written notice with the court within one year after the offense was committed, that prosecution is not subject to the time limits otherwise provided by law.
If convicted, however, even first-time offenders face several years in prison without parole. The law allows judges to sentence you for a minimum of five years but no more than 50 years per conviction, although a judge can choose to suspend your sentence altogether. If a person is convicted and sentenced to no less than five years in prison, that person may not be released on parole until the entire sentence is served. A judge also cannot release a convicted defendant early due to good behavior. In addition, offenders may be required to register as a sex offender. Once you are required to register as a sex offender, you will be under a number of restrictions for the rest of your life. These restrictions include no longer being allowed to live or work with minors, being unable to visit parks where children congregate, and being required to report to a probation officer regularly. A failure to register as a sex offender is a crime in itself and can lead to additional charges for breaking your probation. If you are convicted of breaking your probation, you could face years in jail without any reductions.
Since this is a strict liability offense, it is technically possible for a person to be innocent of all charges yet still face unjust penalties. In order to avoid a conviction, a criminal defense lawyer will likely create one or more of the following defenses: Since Virginia does not have a statute of limitations for statutory rape, you should seek legal representation immediately upon arrest. A qualified criminal defense attorney can review the circumstances of your case, work to determine whether or not the defendant is guilty, and put together a strong case designed to minimize your chances of conviction.
Online Dating and the Law
The digital age has transformed how individuals can do most things, including connecting with new people. Online dating is a viable option for both adults and teens in Virginia. The Right to Privacy Act governs generally what you can post online or share with others through the internet. However, this law does not apply to children. Fortunately, the laws regarding interaction between adults and children (especially minors) and the internet carry some legal guidelines.
It is illegal for persons over the age of 18 to have sexual relations with a minor. Online sex crimes involving children are punishable by imprisonment as well as criminal penalties. Because online anonymity is a primary concern, a new law requires that online dating services capture and maintain your personal information. When you sign up for an online dating service, these sites require your personal information, and a credit card number may be required.
The purpose behind this requirement is that a dating website must disclose your personal information, upon request by law enforcement, to enable the law enforcement agency to carry out an investigation. Virginia law references the following:
While there are a few legal guidelines in place governing online dating, know you are not anonymous. Consider these requirements carefully when signing up for a online dating site or app.
Consent of a Parent for Adolescents Dating
Some parents may believe that dating has an age limit and that it is not appropriate usually until their child has turned 16. This is obviously difficult to enforce and borderline unreasonable from a legal standpoint. While parents cannot prevent all that may happen with respect to their child once they reach dating age, they can at least be sure that they are protected if police are called later at a time when there could be abuse or charges of abuse. It is thus not uncommon for parents to require their child to at least get their permission before beginning to date someone or require the person who wishes to date to ask for permission.
This consent frequently comes in the form of a tangible document that is signed by the parents and by the person wishing to date their son or daughter. The consent will also frequently be notarized.
There are some, however, who will argue that the victim did not grant permission to date their child . While dating in many ways comes down to one’s personal decision, in the case of a crime, such as statutory rape, that consent may not matter at all. In such a case, consent in Virginia is not a defense. This means that even if the victim consented to say where they went, whether or not they dated or what they did, such activity would be "unlawful" under Virginia law if it involved an underage victim. As such, no matter what the parents may or may not have said, if the accused is charged with a crime under Virginia’s laws, it is unlikely that this consent will serve as any sort of viable defense.
Parents likewise may argue that their only purpose is to protect their child from someone that they perceive as inappropriate or abusive. Again, that argument will be much less persuasive to law enforcement and prosecutors in the event of a criminal case.
Confidentiality of a Protection Order in Virginia Dating Relationships
In Virginia, there are three categories of protection orders. Clearly defined by the Virginia Code, they include Emergency Protective Orders, Preliminary Protective Orders and Final Protective Orders. Virginia law defines a dating relationship as "a social relationship of a romantic or intimate nature." These orders are available to persons who are victims of dating violence.
An Emergency Protective Order ("EPO") is the only type of protection order that a victim may obtain by simply calling the police department or sheriff’s office. A sworn petition must be filed, along with an affidavit stating that there is an immediate and present danger of sexual assault or serious bodily harm to the victim.
A preliminary protection order is obtained from General District Court in the jurisdiction where the act of violence occurred or where the respondent resides (is served). A sworn petition must be filed with the court that includes details as to the dating violence and the fear of continued violence. The petition will set forth the reasons that form the basis of the alleged violation and the relief requested. If the relief sought is granted, a preliminary protective order will be issued for a period of 15 days. In order to obtain a preliminary protective order, the statute provides that the court must make a determination that there is evidence of dating violence, that the respondent poses an immediate and present danger of sexual assault or serious bodily injury and that the issuance of the order is necessary to protect the health and safety of the victim. The court may also consider past history, mental state of the respondent, level of control and access to weapons. A full hearing on the merits of the allegations is scheduled 15 days later. The respondent must be served a copy of the order and has the right to be present at a hearing. At such hearing, the court may extend the order for a longer period of time.
In order to obtain a final protective order ("FPO"), the petitioner must appear in court at the hearing on the offense date that appears on the preliminary order. At this hearing, the court will listen to testimony from both parties and review the evidence presented. If the court finds by a preponderance of evidence that the respondent has committed dating violence and that the respondent continues to pose an immediate and present danger of further violence, a final protective order will be granted. If granted, the FPO may last for up to 2 years. The court may grant relief for a longer period of time, or up to the petitioner’s lifetime.
Criminal penalties are attached to violations of a protective order in the District Courts and there are civil penalties in the Juvenile and Domestic Relations Courts. Further, upon receipt of a notice of an arrest for a violation of a protective order, the court will conduct a hearing to determine whether the accused will be held without bail until trial.
Violations of protective orders, or for failure to appear at the hearing(s), may result in criminal charges and those charges can include a misdemeanor or felony.
Dating Awareness and Prevention
In Virginia, many programs are in place to position young adults in good places to recognize the signs of dating violence and learn how to be in healthy and safe relationships. This can take many forms.
For example, a key resource is the Virginia Dating Violence Prevention Project, which aims to reduce teen dating violence fatalities through education and awareness. This program is based on the National Violent Death Reporting System, which uses information from each state to compile information about the cause of death in areas such as firearm use and substance abuse , as well as the risk factors for intimate partner violence.
The Virginia Department of Health provides a toolkit to offer research-based recommendations for teaching safe and healthy relationships to young people, with materials covering research-, program- and policy-based aspects of the subject. One goal of this toolkit is to provide the essential facts to parents so they can have an open conversation with their children about dating violence. It also aims to provide examples of evidence-based programs that supplement the curriculum in schools. Other resources include tips for teachers and educational organizations, health professionals, community organizations and businesses.