What is a forcible sodomy charge in Virginia?

Scales of Justice With an American Flag in the BackgroundForcible sodomy is a felony offense in Virginia that is similar to the crime of rape. If convicted, your punishment may be extremely harsh—up to life in prison.

What Is Forcible Sodomy?

Under Virginia Code § 18.2-67.1, it is considered forcible sodomy to engage in the sexual acts listed below with another person, or to cause one person to engage in these acts with another person:

  • Fellatio, which is the oral stimulation of a penis.
     
  • Cunnilingus, which is the stimulation of the female genitals with the tongue or lips.
     
  • Anilingus, which is the sexual stimulation of the anus with the tongue or lips.
     
  • Anal intercourse.

Like rape, there is also a second element to this crime. The sexual acts listed above must have been engaged in under one of these circumstances:

  • The victim was a child who was under 13 years old.
     
  • The sexual actions were performed through the use of force, threats of force, or the intimidation of the victim or another person.
     
  • The victim’s mental incapacity or physical helplessness was exploited.

Penalties for Forcible Sodomy​

The punishment for forcible sodomy is five years to up to life in prison. A mandatory minimum sentence of 25 years in prison applies if the forcible sodomy involved a victim under 13 years old and the following conditions are met:

  • The offender was more than three years older than the victim; and
     
  • The forcible sodomy occurred as part of an abduction, kidnapping, burglary, or aggravated malicious wounding, entering a home with the intent to commit a rape, or entering a dwelling with the intent to commit assault and battery or another felony.

If the offender was 18 years old or older and the victim was under 13 years old, the mandatory minimum sentence is life in prison. In addition, anyone convicted of forcible sodomy must be registered with the Virginia Sex Offender Registry.                                                                           

If you have been charged with forcible sodomy, rape, or another sex crime, you need to retain an experienced sex crimes defense lawyer in Fairfax as soon as possible to help you build a strong defense to the charges you face. To learn about our legal team’s extensive experience defending clients facing these and other serious felony charges and how we can assist you, start an online chat to schedule a free consultation today.