Mecklenburg Statutory Rape Lawyer

Being accused of statutory rape, like other sex offenses, can result in devastating consequences. It may fray relationships with colleagues and family members, tarnishing your reputation. There may be disciplinary action taken against you in school or your job, drastically affecting your opportunities for the future. Even before a trial proceeding, it may seem as though have already lost, however, a Mecklenburg statutory rape lawyer is ready to work with you to go over your case and provide insight into your legal rights and options.

Age of Consent in Virginia

Under Virginia state law, the age of consent, meaning the minimum age in which a minor is legally allowed to consent to having intercourse, is 18 years old. An important exception to Virginia’s age of consent law is the close-in-age exception, more commonly known as the “Romeo and Juliet” exception.

This exception states that minors under the age of 18 can have sexual intercourse as long as the other person is within four years of age. For example, a 15-year-old can legally have consensually sexual relations with an 18-year-old under Virginia state law. The reason for this is to mitigate the prosecution of minors who participate in consensual sexual intercourse when they are fairly close in age. This is due to the fact that the punishments for statutory rape can be severe.

Charges and Potential Penalties for a Statutory Rape Conviction

Virginia has multiple statutes that cover statutory rape, and if you have been arrested on the suspicion of such a crime, prosecutors will attempt to charge you with one or multiple of the following charges.

• Carnal knowledge of a child between 13 and 15 years old: A Class 4 felony, an individual is guilty of rape of a child when they are aware that the child is between the ages of 13 and 15 years old. This may result in prison time ranging from two to ten years as well as a fine of up to $100,000. It is a Class 6 felony when the individual is under 18 years old, but at least three years older than the victim. This may result in jail time ranging from one to five years and a fine up to $2,500.
• Causing of encouraging juvenile delinquency: A Class 1 misdemeanor, an individual, who is at least 18 years old, is guilty of such a charge if they encourage a minor who is between the ages of 15 and 17 to engage in sexual activities. The punishment for which can be up to a year in jail and a fine of up to $2,5000.

Defense: The Admissible and Inadmissible

While it may seem unfair, it is not an admissible defense to claim that you didn’t know the age of the minor. Even more, under Virginia statutory rape laws, it does not matter if the minor lied and told you they were older or even showed you an ID stating they were older. If the person is not actually 18 and you are at least four years older, you may face a statutory rape conviction.

The burden of proof is on the prosecution to prove without a reasonable doubt that you committed a crime. Therefore, a possible defense is that you did not engage in sexual intercourse with the minor, and the accusation is unfounded. Such a defense is the type a Mecklenburg statutory rape lawyer may go over with you when reviewing your case.

How a Mecklenburg Statutory Rape Attorney Can Help

While it may feel as though you do not have any options after being accused of statutory rape, your best one is to contact a professional Mecklenburg statutory rape lawyer. They may be able to review your case and help you build a strong defense to mitigate or even dismiss your case.