Virginia’s Age Gap Law Summary
Virginia’s age gap law, also known as the "Romeo and Juliet" law, is a statute that criminalizes sexual activity between an adult (defined as anyone older than the age of 18) and a minor. The law designates that an adult may not have sex with a person who is at least 15 years of age but younger than 17 years of age—except under limited circumstances—without facing criminal charges. Further, it clearly states that consensual sexual activity between an adult and a minor under the age of 15 is automatically a crime under the state’s sexual assault law, regardless of whether the parties involved were both consenting to the conduct.
Essentially, the law serves two purposes: It protects minors from becoming victims of sexual abuse, and it prosecutes adults who engage in sexual behavior with minors not only to prevent abuse, but also to create a deterrent for potential offenders.
Roman and Juliet law based on Section §18 . 2-355 of the Code of Virginia. The law does not apply to sexual activity that occurs between those who are physically or mentally incapacitated, as well as to those involved in a lawful marriage.
The Virginia age gap law is somewhat of a controversial statute. Critics of the law believe it criminalizes loving relationships between individuals who are only a few years apart. Others argue that the law fails to account for the psychological immaturity of some youths, who may willingly participate in sexual activity with adults, and that such activity can result in serious physical harm to minors.
Violations of the Virginia age gap law are Class 1 or Class 4 felonies, depending on the ages of those involved. In the most serious cases involving a minor under the age of 13, the penalty for sexual conduct is a minimum of five years in prison, although a convicted defendant may be sentenced to anywhere between five and 20 years.
Virginia’s Legal Age of Consent Statute
The legal age of consent in Virginia is 18 years old. Generally, if both partners are over the age of 18 at the time of a sexual encounter, there are no criminal implications as long as there is mutual consent. That said, consent is not necessarily a simple matter. Virginia law states that any person under the age of 13 cannot give consent to sexual activity. Furthermore, any person between the ages of 13 and 15 cannot legally consent to sexual activity if the other person is older than three years of age. If you are over the age of three years older than the victim, you could be charged with statutory rape or aggravated statutory rape, depending on the difference in age.
Exceptions to the law
There are very few exceptions to the age of consent provision in Virginia, but one thing to keep in mind is that there is a consent exemption for marriages. For example, minors ages 15 and 16 can get married with the consent of their parents, and they will be allowed to legally have sex with each other without any issues.
There are no consent exemptions for same-sex couples. Even if a couple of the same sex is married, this does not automatically give them consent to have sex if either of them is underage.
How Age Difference Affects Statutory Consent
The age gap between a teenager and their partner can have a significant impact in a Virginia consent case. For instance, a 19-year-old who consents to engage in sexual activity with a 13-year-old is likely to be charged with a felony; though sexual relations on their part could be felony sexual assault if engaged in with a 12-year-old (which is within that particular age range).
Sexual relations between a 13-year-old and a 19-year-old is a Class 4 felony. In Virginia, if convicted, a defendant is facing one to ten years in prison, with a minimum of two years upon sentencing.
If accused or convicted of a crime of this nature, an adult will likely be charged with misdemeanor sexual conduct with a minor if they were 18 at the time of the encounter. The exception to this rule applies:
If the older individual was 21 years old at the time of the sexual encounter, the crime is elevated to a Class 6 felony. In Virginia, the penalties for a felony are the same as those outlined above.
Consent cases in Virginia state court are dealt with similarly as other crimes. A juvenile can face up to 20 years in prison if convicted. If the victim of a rape is under 13, then the suspect is charged with sodomy, a Class 4 felony.
Age difference is not taken into account when determining if a person has been guilty of sexual battery. However, the law does not specify a difference which would remove liability.
If an individual is caught having sex with a minor, he can be sentenced to up to five years in prison. He can also be ordered to register as a sex offender in Virginia. Conviction of statutory rape is also a Class 4 felony.
The influence an age gap would have on a consent case in Virginia varies greatly depending on the particulars of the situation. An individual facing this type of case should enlist the services of a Virginia criminal defense attorney to get the best chances of receiving a favorable outcome in the case.
Consequences for Violating Age Gap Statute
Misdemeanor charges in such instances usually involve a maximum fine of $2,500 or a year in jail for each count. Felony offenses carry the possibility of two to 20 years in prison and up to a $100,000 fine for each charge. In addition, there are no age gap laws when it comes to couples in which both parties are underage . For example, it’s still illegal for a 13-year-old to have sexual relations with a 15-year-old – it’s only legal if one participant is no longer underage. Violations of age gap laws are criminal offenses that appear on public records, but they’re not on the level of crimes such as sex offenses that require registration as a sex offender.
Controversial Aspects of Age Gap Law in Virginia and Public Perceptions
The age gap law has been the subject of much debate, with some people voicing concerns over the potential for entrapment and the enforcement challenges police face when investigating these cases. Other critics argue that the law is not needed and that it should be reformed to provide clearer guidelines.
The confusion cuts both ways. One woman who recently got engaged to a man who was 19 years younger than her said that the couple was unaware of the law or its strict age limitation. Still other couples believe that if they are indeed targeted for violating the law, they will be able to successfully navigate the judicial system without difficulty.
Debate continues over the need for legal reform and the best way to go about it. Some have suggested that the law simply needs to include exceptions for consensual relationships. Others have proposed that a more sensible age threshold be created to prevent criminal entrapment and prosecution. Meanwhile, one local news station reported about a couple who had been together for a few years, but were broken up because one person was too young to marry without parental consent, something that the other person in the relationship felt was unfair. One couple surveyed by a local newspaper, however, admitted to being aware of the law but simply being unconcerned as to whether they could be prosecuted for violating it.
Legal Counsel and Resources
For those who seek legal advice, there are a variety of legal aid organizations and hotlines available. For example, Legal Aid Justice Center and the Virginia Poverty Law Center help low-income Virginians who have civil legal needs in order to help families stay together and re-unite those who have been separated. Virginia Legal Aid provides free legal assistance to low-income residents of Virginia.
In cases where domestic violence is present or suspected, those who are being stalked or harassed may find assistance through the Virginia Family Violence and Sexual Assault Petitioner Hotline at 1-855-851-9340. It is for individuals who have recently petitioned for a protective order or are considering doing so. Both the location and the vulnerability of victims puts them at increased risk of harm from their abuser. For this reason, information is collected to address the concerns of the victim. To ensure callers receive a thorough response, it is important that individuals advise the hotline worker if they are calling from a cell phone. This allows the hotline worker to return the caller’s phone call, without the abuser’s knowledge, from a confidential location.
Consistency of services provided by domestic violence and sexual assault hotlines throughout the Commonwealth has improved greatly over time. According to The Virginia Sexual and Domestic Violence Action Alliance, "the more than three million Virginia residents served by the various domestic violence service providers are likely receiving help from someone who has been trained in the same way and accessed the same resources. The Alliance provides training , technical assistance and support services to domestic violence programs across the state." The Alliance also engages in statewide policy work and public awareness campaigns.
For those who have experienced sexual violence who would rather talk with an experienced individual rather than volunteer operators, the national hotline, RAINN (Rape, Abuse & Incest National Network) "offers a 24/7, free, secure, and anonymous chat option." RAINN’s trained staff "meets in-person* with 1,200 trained volunteers from 100-plus sexual assault service providers across the country…Rainn believes that victims should never feel alone and unprotected, and that they should always have access to support services through their local rape crisis centers, many of which offer 24/7 operation…either via telephone or in person."
There are many lawyers who specialize in family law, including age gap law, in Virginia. In Virginia Beach, the Law Offices of Runkle & Spradlin, P.L.C. work closely with "clients to discuss the nature and extent of their current child custody arrangement and address the underlying issues that may have caused the breakdown in the relationship. The goal is to have regular visitation with the children and progress towards a final divorce agreement that can include a gradual increase in the amount of visitation with the children." Kelly & Halasz provide a range of family law services, including adoption, family law appeals, separation agreements, divorce, pre-dispute mediation and certain steps to legal separation, including child custody, support and visitation, as well as spousal support. In Richmond, the Harris Firm can "help you file for a divorce in Virginia" and "protect your rights as a father, especially regarding your visitation of your children."