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Rape Attorneys Fairfax, Northern VA

In Virginia, rape is a serious criminal offense that involves non-consensual sexual intercourse. The Commonwealth's laws regarding rape are designed to protect individuals from sexual assault and to punish those who commit this heinous crime.

Under Virginia law, rape is defined as sexual intercourse with another person without their consent, using force or the threat of force, or where the victim is incapable of giving consent due to age, mental incapacity, or physical helplessness. Rape is classified as a felony offense and carries significant penalties.

Penalties for rape in Virginia can include a minimum sentence of five years in prison and a maximum sentence of life imprisonment. Additionally, individuals convicted of rape may be required to register as a sex offender and face other legal consequences.

Virginia law also includes several aggravating factors that can result in more severe penalties. For example, if the victim is under the age of 13, there is a mandatory life sentence in prison. If the offender has a prior conviction for rape or other sexual offenses, they may also face more severe penalties.

It's important to note that Virginia law recognizes that consent cannot be given if an individual is unconscious, physically helpless, or mentally incapacitated. Additionally, Virginia law does not require the victim to physically resist for the act to be considered non-consensual.

Defenses to a rape charge can include lack of evidence, mistaken identity, or consent. However, it's important to consult with an experienced criminal defense attorney in Virginia to determine the best defense strategy for your case.

Overall, rape is a serious criminal offense in Virginia that can result in significant legal and personal consequences. If you are facing charges of rape or any other sexual offense, it's important to seek legal guidance from experienced criminal law attorneys to protect your rights and defend your case.

Virginia Code § 18.2-61. Rape