How does the Commonwealth of Virginia define date rape?

A Couple on a Date Having Drinks at a BarDate rape is a serious offense in the Commonwealth of Virginia that can result in severe penalties and long-term consequences. It is also commonly known as “acquaintance rape.” If you have been charged with this crime, you need to retain an experienced sex crimes defense attorney in Fairfax as soon as possible to help you get the best possible result.

What Is the Crime of Date Rape in Virginia?

Date rape is a rape crime under Virginia Code § 18.2-61. This law defines rape as any act of sexual intercourse against the victim’s will through the use of force, threat, or intimidation or by use of the victim’s mental or physical incapacity. Some unique factors in date rape crimes include:

  • The alleged victim and perpetrator know each other. They can be new acquaintances who have just met, long-term romantic parties, friends, or spouses.
     
  • The date rape does not need to be performed with the use or threat of force or intimidation. The allegation may be that the victim was under the influence of drugs or alcohol and was physically incapacitated or mentally incapacitated.
     
  • A major issue when someone is charged with date rape is whether the victim consented or was capable of consenting to sexual intercourse. In some cases, there may be an honest misunderstanding where the person charged with date rape believed that consent was given and did not have any understanding that he may have been committing a crime.

Penalties You Face If Convicted of Date Rape

Date rape is a felony offense in the Commonwealth of Virginia, and the punishment upon conviction is the same as for other rape crimes. The possible sentence someone charged with date rap faces is a minimum mandatory prison sentence of five years to up to life in prison. If convicted, the offender would have a permanent criminal record and be required to register on Virginia’s Sex Offender Registry.

If you are being investigated for date rape or have been charged with this crime in Fairfax or Northern Virginia, our experienced criminal defense attorneys can help you take proactive measures for a strong defense so that the charges against you are dismissed or reduced to a less serious offense. Call our office or start an online chat to schedule a free consultation today.