Monday, August 25, 2014

Aggravated Sexual Battery Virginia Fairfax Lawyers Violation Code 18.2-67.3

Aggravated Sexual Battery Virginia

In Virginia, aggravated sexual battery is a criminal offense punishable under Va. Code Ann. § 18.2-67.3 and is punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000

Below is a sample case of aggravated sexual battery in Virginia as interpreted by a lawyer in our firm.

Have you been charged with aggravated sexual battery in Virginia and need a lawyer to defend you? 

Are you concerned about the consequences of being charged with aggravated sexual battery in Virginia?

Under Va. Code Ann. § 18.2-67.3,

"A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1.      The complaining witness is less than 13 years of age, or
2.      The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or
3.      The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4.      The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a.       The complaining witness is at least 13 but less than 15 years of age, or
b.      The accused causes serious bodily or mental injury to the complaining witness, or
c.       The accused uses or threatens to use a dangerous weapon..."

For a lot of our clients, aggravated sexual battery can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with aggravated sexual battery in Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Fred v. Commonwealth

Facts:

Defendant appealed from a judgment of the Circuit Court of Fairfax (Virginia) convicting him of aggravated sexual battery, through the use of the victim's mental incapacity, in violation of Va. Code Ann. § 18.2-67.3.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • The legislative purpose of Va. Code Ann. § 18.2-61(A)(ii) is to protect persons who are mentally impaired or retarded from being sexually exploited due to their mental incapacity. However, such statutes must not be interpreted and applied in a manner that creates an unintended rule that would prohibit all mentally impaired or retarded persons from engaging in consensual sexual intercourse without having their partners commit a felony. By specifically defining mental incapacity, the legislature has chosen to protect those mentally deficient persons whose mental condition prevents them from understanding the nature and consequences of the sexual act involved. Va. Code Ann. § 18.2-67.10(3). Va. Code Ann. § 18.2-67.3 also protects mentally impaired individuals, specifically those persons who lack an understanding of the nature and consequences of sexual acts, from sexual exploitation.
  • A mentally incapacitated individual may not have the capacity to make a volitional choice to engage or not engage in a sexual act due to their lack of understanding of the nature and consequences of the sexual act. Accordingly, when an individual is mentally incapacitated under Va. Code Ann. § 18.2-67.10(3), the individual is incapable of legally consenting to the sexual touching, on the grounds that consent without understanding is no consent at all.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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