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Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.Statutory rape is prosecuted under Virginia’s rape, carnal knowledge, and juvenile delinquency laws.Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below.However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.The conduct is still illegal, but someone protected by this exception will face the possibility of smaller fines and reduced jail time.If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.

Those who break the law have committed statutory rape.This is because Virginia has a marital exemption to the state’s statutory rape laws.However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.This incurs at least one (and up to five) years in prison; or between one month and one year in jail, a fine of up to ,500, or both.And the offense is a Class 4 misdemeanor when the defendant is younger than 18 and than three years older than the victim.The offense is a Class 4 felony when the defendant is 18 or older, which incurs at least two (and up to ten) years in prison, a fine of up to 0,000, or both.

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