A Fairfax statutory rape lawyer can provide you with representation if you are accused of having sex with someone who is underage. Statutory rape is a sex offense and conviction can affect the rest of your life. Far too many people are charged with statutory rape because of a consensual relationship with a younger partner or because of a mistake about someone’s age. If you are accused of statutory rape, it is important that you understand all of your legal options and try to minimize or avoid the life-changing consequences of conviction. A statutory rape lawyer in Fairfax can help.
A Fairfax statutory rape lawyer can provide advice on available defenses and help you to try to avoid conviction in a statutory rape trial. Your attorney can also help you to negotiate a plea agreement, which may make it possible for you to avoid jail time or avoid required registration as a sex offender. Every statutory rape case is different, so call an experienced attorney in Fairfax for help with your charges.
Statutory rape laws are sometimes controversial because a relationship between two consenting individuals can suddenly become illegal when one of the two partners has a birthday. Many states have passed so-called “Romeo and Juliet” laws to try to address this problem by removing criminal penalties when a couple is close in age and one partner is underage. These laws, however, have not eliminated all situations in which voluntary sexual behavior leads to criminal charges.
Consent is not a defense to statutory rape. However, there are a number of viable defenses to statutory rape charges, including insufficient proof that intercourse occurred. A good faith mistake about the age of the victim has not generally been considered a valid defense, although some state courts have begun to allow this argument, and the Model Penal Code recommends the acceptance of this defense.
The state of Virginia does not have a specific law prohibiting or setting penalties for statutory rape- but this does not mean it is not a crime. There are two primary statutes that impose punishments for involvement in sexual acts with someone who is under the age of consent. These include:
Under these laws:
A child who is under the age of 13 cannot consent to sexual intercourse. If you are over 18 or more than three years older and have sex with someone under 13, you can be charged with rape under Code Section 18.2-61. The penalty for the rape of someone under age 13 is between 25 years and life imprisonment.