Sex offence charges in the commonwealth of Virginia come with severe punishments. Such acts vary in their scope and consequences. One such criminal activity that accompanies significant penalties is forcible sodomy. Although forcible sodomy is largely similar offense to rape, it covers varying sexual acts resulting in significant penalties. Thus, the defendant must retain a well-versed, reliable forcible sodomy Virginia lawyer as soon as possible to mitigate the consequences. Similar to rape, it also consists of two components as follows:
Firstly, the person must engage in anilingus, anal intercourse, cunnilingus, or fellatio with the victim, or influence the victim to participate in such sexual activities with another individual. Section 18.2–67.1(A).
Secondly, such conduct as the result of first component should transpire:
- By executing the sexual activities with a kid under thirteen years of age, or;
- By exploiting the physical helplessness or mental incapacity of victim, or;
- By doing the sexual activities against the will of the victim through the application of force, intimidation against or of the victim or someone else, or threat of force.
In case a person is guilty of forcible sodomy in the Virginia, then the person bears a felony conviction with a comprehensive period of 5 years to life of prison slavery. Section 18.2-67.1(B).
When a person (a) performs a forcible sodomy with someone (b) who is under thirteen years of age (c) and the victim is older than 3 years of the age, (d) and it happened as part of a kidnapping or abduction (Section 18.2-47), burglary (Section 18.2-89), abduction for immoral objectives (Section 18.2-48), entering a dwelling with utter aim to commit battery and assault or another felony (Section 18.2-91), entering a house with utter intention to commit rape (Section 18.2-90), or as segment of severe malicious wounding (Section 18.2-51.2), then the person bears twenty-five years for duration in prison (Section 18.2-91), due to the enhanced punishment of an at least twenty-five years of mandatory prison sentence. Section 18.2-67.1(B)(1).
When a person (a) performs a forcible sodomy (b) with a someone below the age of thirteen, and (c) the person was eighteen years of age or older during the stance of the offense, then the person bears life duration in slavery due to the enhanced punishment of a minimum required life prison sentence. Section 18.2-67.1(B)(2). The defendant should retain an aggressive Forcible Sodomy Virginia Lawyer to help mitigate the penalty outcomes.
There are certain special situations if a person (a) performs forcible sodomy with someone (b) below the age of thirteen years of age and (c) the person is over 3 years of age than the victimized individual, and (d) the person obtains a prison sentence of anything below life slavery in prison. Section 18.2-67.1(B)(2). Particularly, a person who fulfills the criteria forces the judge to lawfully impose an extra suspended sentence a minimum of forty years in jail. Such suspended sentence shall be obligatory for the life of the person, subject to legal revocation by the Virginia courts, explains a reputable forcible sodomy Virginia lawyer.