Will a 17 year old be guilty of statutory rape if he has sex with a 15 year old?
Full Question:
I was caught having sex with my girlfriend and her parents are looking to sue me for statutory rape. She is 15 and I am 17 years old. Will I have to serve time in prison if they take me to court?
12/28/2016 |
Category: Criminal ยป Statutory Rape |
State: Virginia |
#28946
Answer:
Typically, in cases where the minor is below the age of 15, the actor is deemed to prosecuted for Class 4 felony. However, in the case at hand both parties involved in the act are below the age of consent and also in a relationship. Therefore, the courts may take into account the ‘Romeo and Juliet’ factor provided for in subsection B of Va. Code Ann. § 18.2-63considering the close proximity of their age. However, it might only result in mitigation of the sentence that may be handed out by the court to the actor. Va.
Code Ann. § 18.2-63 reads:
“A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.
B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.
In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.
C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.”
In the above case, if the boyfriend is prosecuted for statutory rape per subsection (B) and charged with Class 4 misdemeanor, he may be punished with a fine of up to $250. However, classifying the act per subsection (B) is the courts discretion. If the court does not take the ‘Romeo and Juliet’ defense into account, he may be guilty of Class 4 felony punished with 2 to10 years in prison and a maximum fine of $100,000.