What are crimes associated with sexual penetration in Virginia?

Object sexual penetration is a felony offense in the Commonwealth of Virginia that carries the same punishments as rape. If you are convicted of this crime, you may face extremely harsh penalties that include decades or longer in prison.

What Is the Crime of Object Sexual Penetration in Virginia?

Virginia Code § 18.2-67.2 makes sexual object penetration a crime. It is a criminal offense to penetrate the labia majora or anus of a nonconsenting person with an object or cause someone to penetrate him/herself in one of the following circumstances:

  • The victim was younger than 13 years old.
     
  • The act was against the victim’s will by the use of force, threats, or intimidation.
     
  • The victim was physically helpless or incapacitated due to a mental condition.

It is also a crime under this statute to cause another person to penetrate the victim with an object or to cause the penetration of the victim by an animal.

Penalties You Face If Convicted of Sexual Object Penetration

Under Virginia Code § 18.2-67.2, sexual object penetration is a felony offense punishable by a prison sentence of not less than five years and up to life in prison. The penalties can be enhanced in these situations:

  • If the accused was three years older than the victim at the time of the incident and the crime was committed in the course of a violent felony, the prison sentence is increased to a mandatory minimum of 25 years to up to life in prison.
     
  • If the accused was 18 years or older and the victim was under 13 years old at the time of the offense, the mandatory minimum sentence is life in prison.

A sentence for a conviction of sexual object penetration must be served consecutively with any other sentences for other crimes.

You cannot afford not to mount a strong defense to the sexual object penetration charges you face given the potential loss of your freedom for decades to life if you are convicted. Our Fairfax sex crimes defense lawyers have over 80 years of combined experience aggressively defending our clients charged with this crime and other serious felony offenses in Fairfax, Northern Virginia, Maryland, and Washington, D.C. To learn how we can assist you, call our Fairfax office to schedule a free consultation today.