Many different types of actions can constitute aggravated sexual assault and battery. A recurring theme in these charges relates to the age and mental capacity of the complaining witness. Below, a Fairfax sex crimes lawyer explains aggravate sexual assault or battery charges in more depth.
For more information about these types of charges and how to defend against them, call today and schedule a consultation with a Fairfax sex crimes lawyer right away.
Aggravated sexual battery is a separate and distinct statute under Virginia law that has many different sub sections. Aggravated sexual battery means that somebody has been accused, or they’re convicted of sexually abusing another person when that person, the complaining witness, is less than 13 years of age, or the act of sexual abuse is accomplished through the use of the complaining witness’ mental incapacity or physical helplessness, or the offense is committed by a parent, a stepparent, a grandparent or step grandparent.
It can also mean that the complaining witness is at least 13 but less than 18 years of age, or the act is accomplished against the will of the complaining witness by force, threat, or intimidation, and the complaining witness is at least 13 but less than 15 years of age, or the accused causes serious bodily or mental injury to the complaining witness or the accused uses or threatens to use a dangerous weapon.
The definition of sexually abused must be consulted in order to determine what the conduct is in question. Sexual abuse is defined as an act committed with the intent to sexually molest, arouse, or gratify any person where one (the accused) intentionally touches the complaining witness’ intimate parts or material directly covering such intimate parts.
The accused forces the complaining witness to touch the accused, the witness’ own or another person’s intimate parts, or material directly covering such intimate parts, or if the complaining witness is under the age of 13, the accused causes or insists the complaining witness the touch the accused, the witness’ own, or another person’s intimate parts or material directly covering such intimate parts. Or finally, the accused forces another person to touch the complaining witness’ intimate parts or material directly covering such intimate parts.
It is important in any location to hire an experienced criminal defense attorney who has experience dealing with sexual assault cases and it’s important that the person who is accused or being investigated for it contact that attorney as soon as possible because there could be things that could be done in the early stages of the case to either fend off charges or protect the person from being overcharged for instance or to start laying a foundation for a defense or to start an investigation into the allegations early on. That could also be very helpful strategy to use. It’s really important for people to take these matters seriously and to contact an attorney quickly.
There is a wide range of potential penalties for conviction of these charges. They range from one to 20 years in prison and a fine of not more than $100,000.
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