What are the legal consequences of having sex with a 15-year-old in Virginia?

Full question:

I was caught having sex with my girlfriend and her parents are looking to sue me for statutory rape. She is 15 and I am 17 years old. Will I have to serve time in prison if they take me to court?

  • Category: Criminal
  • Subcategory: Statutory Rape
  • Date:
  • State: Virginia

Answer:

In Virginia, a person under 18 is considered unable to give consent. This means that if someone has sexual intercourse with a minor, the law does not consider consent a defense. You could be charged with statutory rape under Virginia law.

For minors aged 13 to 15, if the accused is also a minor and the age difference is less than three years, the charge may be a Class 4 misdemeanor, which could result in a fine of up to $250. If the court does not consider the close age factor, you could face a Class 4 felony charge, which carries a potential prison sentence of two to ten years and a fine up to $100,000 (Va. Code Ann. § 18.2-63).

Since both you and your girlfriend are close in age, the court may take this into account, potentially leading to a lesser charge. However, this is at the court's discretion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, the minimum sentence for rape, classified as a Class 3 felony, is five years in prison. However, the sentence can be significantly longer, depending on the circumstances of the case. For statutory rape, if charged as a felony, the sentence could range from two to ten years, depending on various factors including the age difference between the parties involved. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.