Virginia Beach Rape Attorney

Rape is a serious criminal offense in any state, and Virginia is no exception. As a Class 1 felony, many rape cases fall into the same category as capital murder, with penalties including a fine of up to $100,000, life imprisonment, and even death. Fortunately, with the right legal representation, you may be able to avoid such severe punishment. If you have been accused of rape, you should contact a Virginia Beach rape attorney immediately.

Under Virginia state law, any sexual intercourse that occurs without a person’s consent is considered rape—regardless of your relationship to the victim. As a result, you can be charged with rape if the alleged victim is a spouse, former love, or any other type of acquaintance.

Contrary to what you may think, using force is not required for an act to constitute rape. Any type of verbal threat or intimidation is enough to warrant rape charges; however, even these are not required. Rather, the law states any person who engages in sexual intercourse with a “complaining victim,” can be charged with rape. In other words, if the person says no—even in a joking manner—the act can be classified as rape.

It is important to know that, in the eyes of the law, certain individuals cannot consent to sexual acts. For example, individuals with mental disabilities and children under the age of 13 are legally unable to give their consent. The same is true for individuals impaired by drugs or alcohol.

In certain cases, you may be charged with rape even if the victim consented to the act. Virginia has strict laws regarding sexual relationship and age. Known as statutory rape laws, these statutes restrict sexual acts between individuals with large age differences. For example, if you are 18 years or older, you can be charged with a Class 4 felony if you engage in a sexual relationship with a 13 or 14 year old. If the victim is between 15 and 17 years of age, you may be charged with a Class 1 misdemeanor.

The penalties for a rape conviction vary according to how it is classified. The most severe cases are Class 1 felony offenses, which carry the same penalties as capital murder—life imprisonment or death. For statutory rape cases, you can face imprisonment of 2 to 10 years, as well as a fine of up to $100,000 for a Class 4 felony offense, or one to ten years in prison for a Class 1 misdemeanor.

As you can see, the penalties for rape are quite serious and, even if your sentence is lenient, your personal life will be impacted for years to come. Once convicted of rape, you will be required to register with the National Sex Offender Registry, which means your neighbors, friends, and family members can easily find out about your conviction—leading to public humiliation and even persecution.

If you have been charged with rape in Virginia, you should contact an attorney immediately. With over a decade of experience in criminal defense, attorney Michael C. Tillotson has the expertise to fight your charges. Contact Mr. Tillotson today for a free consultation on your case.