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State Laws

§18.2-67.2:1 Marital Sexual Assault (Repealed in 2005)

As of July 1, 2005, Virginia does not recognize Marital Sexual Assault as a separate code. People who commit felony sexual assault against their spouse (including forced vaginal, anal or oral sex, or penetration with an object, including a finger) are supposed to receive the same punishment as those who commit sexual assault against non-spouses.

However, if a spouse commits sexual assault, then all or part of the sentence may be postponed so the defendant can go to counseling, or therapy. The only way this can happen is if the prosecuting attorney, the judge and the victim all agree. If the defendant completes the counseling the charges may be dismissed. This can only occur if it is the defendant’s first offense.

§18.2-67.3 Aggravated Sexual Battery; Penalty

A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and

1. The complaining witness is less than 13 years of age, or

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or

4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and

a. The complaining witness is at least 13 but less than 15 years of age, or

b. The accused causes serious bodily or mental injury to the complaining witness, or

c. The accused uses or threatens to use a dangerous weapon.

B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

**These laws are effective as of July 1, 2005**

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