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Virginia Criminal Law Involving Juveniles: Rape

Rape and carnal knowedge are two separate classes of sex offenses that a juvenile can face.

The English Common Law held that it was a "legal impossibilty" for a male under the age of 13 to commit rape. But that Common Law rule has been eliminated in Virginia.

Virginia's rape statute, 18.2-61, provides, "There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section."

This language means three things: 1) that a person under the age of 10 cannot be charged with rape; 2) that the Commonwealth can charge and introduce evidence to prove a juvenile 10 years or older had the "physical capacity" to commit rape; and 3) that a child 12 years old can be charged and convicted of rape.

The punishment for rape is very severe. The general minimum penalty is imprisonment for not less than 5 years. However, other factors such as the relationship of the accused and the victim, the age difference of the accused and the victim, and the circumstances unique to the particular case may alter the available punishments either up or down.

The services of a veteran criminal defense lawyer in Virginia should be obtained as soon as it appears likely your child may be questioned or arrested for rape. To schedule a free consultation about your case or that of a loved one facing such charges, contact me via e-mail or call 804-726-4778.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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