Sexual Assault & Battery Attorneys

There are several forms of sexual battery in Virginia, but these are serious accusations and convictions have a lasting effect on your life. In some instances, you may have to register as a sex offender, which affects where you can live, work, and go — not to mention the stigma of being branded a sex offender.

Having an experienced Roanoke sex offense lawyer is crucial to understanding your situation and knowing how to deal with it properly. An attorney can explain your options, handle the questioning, work to clear up misunderstandings, and aggressively defend you. For example, your lawyer can present evidence the other person consented or you lacked the intent to sexually abuse the alleged victim.

Simple Sexual Battery in Roanoke, VA

Virginia Code §18.2-67.4 makes it a misdemeanor to sexually abuse another person. Sexual battery occurs when the accused:

• Intentionally touches another person’s intimate body parts
• Using force, threat, intimidation, or ruse
• Or forces the person to touch the intimate body parts of the accused or another person
• With the intention to sexually molest, arouse, or gratify
• Against the other person’s will

Touching the clothing covering someone’s intimate body parts — a bra or underwear, for example — also counts under the sexual battery statute.

Virginia Code § 18.2-67.10 defines intimate parts as the other person’s genitals, anus, groin, breast, or buttocks.

Simple sexual battery also applies to sexual abuse against a jail or prison inmate or parolee when you hold a position of authority.

Simple sexual battery is punishable by up to a year in jail and a maximum $2,500 fine.

Aggravated Sexual Battery in Roanoke, VA

Virginia Code §18.2-67.3 defines four instances when sexual battery is considered aggravated and becomes a more serious felony.

Aggravated sexual battery includes all of the elements of simple sexual battery, plus one of these allegations:

• The alleged victim was under 13
• They were mentally or physically disabled
• Sexual abuse of a teenager by a parent, grandparent, or step-grandparent
• The sexual abuse involved force, threat, or intimidation when the victim is 13 or 14, causing serious bodily or mental injury, or the accused used or threatened to use a dangerous weapon

Aggravated sexual battery carries a prison sentence of one to 20 years and a maximum $100,000 fine if convicted.

Sexual Battery When Infected

Virginia Code §18.2-67.4 .1 creates a special felony sexual battery offense when someone intentionally tries to infect someone with certain sexually transmitted diseases.

The offense occurs when a person:

• Is infected with HIV, syphilis, or hepatitis B
• Knows it
• And has sexual contact with another person with the intention of transmitting the infection

The penalty upon conviction of an infected sexual battery felony may include one to five years in prison and a maximum $2,500 fine.

The offense is a misdemeanor if the person didn’t intend to transmit the infection, but knew about the infection and failed to disclose it. A conviction can carry a sentence of up to a year in jail and a maximum $2,500 fine.

Virginia Code §18.2-62 says that when you’re arrested for this offense, the prosecutor may ask you to submit to testing for HIV or hepatitis B or C infection. If you refuse, the prosecutor may seek a court order requiring it.

Attempted Sexual Battery

Under Virginia Code §18.2-67.5, a conviction for attempted sexual battery carries the same penalty as a completed offense — up to a year in jail and a maximum $2,500 fine.

The penalty for an attempted aggravated sexual battery is slightly less severe than for a completed offense. The attempted charge carries a possible sentence of one to five years in prison and a maximum $2,500 fine.

Penalties for Repeat Sexual Battery Offenders

Virginia Code §18.2-67.5:1 makes a sexual battery or attempted sexual battery conviction a felony if you have two previous convictions on either of those charges in the last 10 years. Convictions for other child sex crimes or indecent exposure also count toward making the current conviction a third offense for purposes of the statute. The penalty for a third conviction may include up to a year in jail and a maximum $2,500 fine.

Under some circumstances, Virginia Code §18.2-67.5:2 says that you have to get the maximum sentence authorized by law when convicted of aggravated sexual battery. This removes the possibility of having any portion of your sentence suspended. This provision takes effect if you have a priors conviction for aggravated battery or another felony sexual assault offense.

Sex Offender Registration in Virginia

Aggravated sexual battery, and attempted aggravated sexual battery are considered “sexually violent offenses” under Virginia law. A conviction may require you to register as a sex offender for the rest of your life.

You also may be required to register for a first sexual battery conviction if you were 18 or older at the time, and your victim was under the age of 6.

A second conviction for sexual battery or attempted sexual battery may require registration when the victim was a minor or disabled.

Registration may be required upon a third conviction for simple sexual battery or attempted sexual battery.

How to Defend Against Sexual Battery

When you’re charged with sexual battery in Virginai, a prosecutor generally has to prove you:

• Did, in fact, touch the other person’s intimate parts
• Intended to do so
• Had a sexual motive for doing so
• Used force, threat, intimidation, or ruse
• The touching was against the other person’s will

Proving your intentions and motivations can be tricky. The prosecutor needs external evidence to show a judge or jury what was going in your head. Being able to cast doubt on the prosecutor’s version of the facts may result in your case being dismissed, or your penalties being reduced.

Sexual battery cases often come down to witness testimony and seemingly small details. An experienced criminal defense lawyer can go over all of the details and recognize what might throw the prosecutor’s case into question, or raise questions about whether a witness stands to gain personally, such as benefitting in a divorce or child custody case, by making an accusation.

Sexual Battery & Consent

In some instances, the other person’s consent is a defense of sexual battery. This may depend on whether the person was old enough or had the mental capacity to legally consent to sexual activity.