The attempt of rape or sexual battery is considered as a crime in every state of the U.S. Not just this country; every country has serious punishments and penalties for the person who attempts rape or gets himself involved in sexual battery assault. Talking about Virginia and its code, there are some strict Laws for the accused or guilty person.
Sexual battery or sexual assault can be defined as if a person deliberately touches any part of the other person. The accusation mostly comes in the gray areas. Be aware because if your hand mistakenly touches anyone’s body or brushes against it, they can file a lawsuit against you in the name of Sexual Battery or Sexual Assault. Even if you come out not guilty, these effects last for the life which anyone wouldn’t like at all. Sometimes, even a pat at friend’s back can be considered as the sexual battery attempt and can go against you. The Code of Virginia and the Law makes it very clear that there are no leniency or leverage if you come out guilty. If the person is accused of following and come out guilty, be ready to face charges.
- Intentionally touches any body part of someone else.
- Using force or intimidation.
- If the person forces to touch his body parts or someone else’s.
- Touching the body part to molest or gratify.
Virginia Code § 18.2-67.10 defines intimate parts as the other person’s genitals, anus, groin, breast, or buttocks.
Sexual battery falls in the Class 1 misdemeanor of Virginia Code. It can result in a maximum of twelve months in prison and a maximum of $2,500 fine.
Sexual Assault and Attempted Rape
The main difference between the rape and sexual battery is having sexual intercourse in rape and touching the body parts in sexual battery which can be defined as sexual abuse. Discussing sexual battery above, Rape is even higher dangerous regarding penalties, and Virginia Code shows no sympathy for it. Although you can call the cops if you get sexually assaulted or face an attempt of rape, you can directly call National Sexual Assault Hotline for help. Any person who is found having intercourse with someone without their will, whether his spouse or not, or if the complaint is raised after that, whether his spouse or not, the person to be presented in court and face the proceedings according to the Virginia Code. If found guilty, then there is no way that the guilty person can escape from the punishment, penalties or jail. Although attempted rape has different rules under the code of Virginia and different penalties for that as well.
The punishment for rape falls in the category of Class 4 Felony. Two to ten years in prison and with a maximum fine of $100,000.