Could I be charged with rape?
Full Question:
Answer:
It would be a matter of interpretation for the court to determine whether there was sexual consent, based on all the facts and circumstances involved. A person may be subject to criminal charges for filing a false report.
The state of Virginia defines rape as follows:
"If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished
(i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or
(ii) through the use of the complaining witness's mental incapacity or physical
helplessness; or
(iii) with a child under age 13 as the victim, he or she shall be guilty of rape."
Sexual abuse is defined as follows:
" "Sexual abuse" means an act committed with the intent to sexually molest, arouse, or gratify any person, where:
a. The accused intentionally touches the complaining witness's intimate
parts or material directly covering such intimate parts;
b. The accused forces the complaining witness to touch the accused's,
the witness's own, or another person's intimate parts or material
directly covering such intimate parts;
c. If the complaining witness is under the age of 13, the accused causes
or assists the complaining witness to touch the accused's, the witness's
own, or another person's intimate parts or material directly covering
such intimate parts; or
d. The accused forces another person to touch the complaining witness's
intimate parts or material directly covering such intimate parts."