Statutory Rape Defense in Northern Virginia

Accused of Statutory Rape? Get Former Prosecutors & Public Defenders on Your Side

Virginia doesn’t treat every allegation involving sexual conduct with a minor as a single offense. The applicable statute depends on the ages of both people, their age difference, the alleged acts, the relevant dates, and whether force or threats are alleged. We defend people facing these accusations in Northern Virginia, beginning with the precise charge and what the Commonwealth must prove.

An investigation can progress through interviews, digital evidence collection, arrest, and court proceedings. Statements, messages, photographs, social media activity, and other records may become evidence, so early legal guidance matters. Preserve potentially relevant material, but don’t alter, delete, or destroy it.

Call (703) 468-8557 to speak with our criminal defense attorneys before responding to investigators or making substantive statements about the allegation.

What Statutory Rape Means Under Virginia Law

Statutory rape is a commonly searched phrase, but Virginia uses offense names tied to specific conduct and age ranges. Two principal statutes apply to certain allegations involving minors ages 13 through 17. Allegations involving force, threats, incapacity, or a child under 13 may implicate different and potentially more serious offenses.

Carnal Knowledge Involving a Child Age 13 or 14

Virginia Code § 18.2-63 addresses carnal knowledge of a child between 13 and 15 years old, meaning a child who is 13 or 14. Under this statute, carnal knowledge includes sexual intercourse, oral sex, anal intercourse, or sexual penetration with an animate or inanimate object when the alleged conduct occurred without force.

The general offense is a Class 4 felony. When the accused is also a minor, the classification may change based on the age difference between the two people. A defense review therefore requires reliable records establishing each person’s age and the date of the alleged conduct.

Consensual Conduct Involving a Minor Age 15 Through 17

Virginia Code § 18.2-371 applies to certain consensual sexual acts involving a child age 15 or older when the other person is at least 18. The specified conduct is a Class 1 misdemeanor. Consent alone doesn’t resolve the legal issue because the statute applies according to the participants’ ages and the conduct alleged.

Penalties & Registration Depend on the Charge and Facts

Potential consequences depend on the statute of conviction, the participants’ ages, their age difference, and other case facts. A Class 4 felony carries different exposure from a Class 1 misdemeanor. Minors accused under Virginia Code § 18.2-63 may also face different classifications based on the applicable age gap.

Virginia’s registration statute lists § 18.2-63 among offenses that can require sex offender registration. Whether registration applies, along with the applicable classification or tier, requires a separate review of the offense of conviction and relevant statutory conditions. A conviction may also affect employment, education, housing, family relationships, professional opportunities, and reputation.