If you were charged with a sex crime in Fairfax, call us right away at (855) 541-4867 or contact us online to schedule a consultation. In the meantime, keep reading to learn more about different charges, defenses, and the potential consequences that accompany a conviction. Our Fairfax criminal defense lawyers are here for you.
The most prevalent of these internet-related sex crimes is when someone communicates with a minor in an effort to achieve some sort of sexual gratification. The mere act of soliciting a child online and trying to entice them into meeting for a sexual act is a crime, even if the meeting never happens. Online communication could be enough to result in a conviction.
There are many different types of activities that fall into the category of online solicitation, including:
Your attorney may challenge any evidence that was obtained during those initial searches if it appears that it was wrongly obtained in violation of your rights. In the event of an unlawful search or seizure, evidence gathered could be suppressed so that it can’t be used against you.
If the police didn’t have a proper search warrant, or if they obtained evidence that was outside the scope of the warrant, that may qualify as an illegal search and seizure.
What to do after being arrested
The severity of the penalties for committing a sex crime can’t be overstated. If you’ve been charged, you need to contact the Fairfax criminal defense attorneys at Select Law Partners PLLC as soon as possible. It’s essential to your case that if you’re arrested on allegations of committing a sex crime, you:- Don’t make any statements to law enforcement without an attorney present.
- If you are arrested or law enforcement wants to question you, ask for an attorney immediately.
- Call an attorney right away if you find out about an accusation or believe one may be forthcoming.
- Remain calm and polite to the officers while you wait for your attorney but do not talk about your case.
- Do not resist law enforcement, but make clear for their body worn cameras that you do not consent to any search without a warrant.
Types of sex crimes in Virginia
Sexual assault or battery
Sexual assault or sexual battery occurs when:- A person commits an act in order to be sexually aroused or gratified, and
- The accused intentionally touches the victim’s intimate body parts or material directly covering intimate body parts
Simple sexual battery
Simple sexual battery occurs when someone intentionally touches another person’s intimate body parts, or when threats or intimidation is used to force someone to touch the intimate parts of another person. The touching must be completely unwanted and against the victim’s will.Aggravated sexual battery
Aggravated sexual battery has the same elements as simple sexual battery, but with additional factors. Sexual battery is “aggravated” if the victim is under the age of 13, is disabled (either physically or mentally), or if they are the victim’s parent, step-parent, or grandparent.| Simple sexual battery | Aggravated sexual battery |
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Rape
Rape occurs when a person has sex with another person (even their spouse) or forces a person to have sex with another person, and:- Uses force, threat, or intimidation, OR
- Uses the victim’s mental incapacity or physical helplessness to force the act, OR
- Involves a child under the age of 13
Carnal knowledge
“Carnal knowledge” includes sexual intercourse, oral sex, anal sex, and sexual penetration with an object. It is a crime for an adult to have carnal knowledge of a minor who is between 15 and 18 years old. It is a more serious felony if the minor is 13 to 15 years old. In Virginia it is not a defense that the defendant thought the minor was 18 years or older. A defendant can be convicted of these offenses even if the minor lied to them about their age.| Carnal Knowledge 15-18 years old | Carnal Knowledge 13-15 years old |
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Romeo and Juliet exception
Virginia has a “Romeo and Juliet” exception to carnal knowledge. The law is designed to protect teens under the age of 18 who engage in consensual sex. However, the consenting minor can’t be more than three years younger than the accused person.| Carnal knowledge | Romeo and Juliet exception |
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Date rape
Although it falls under the category of general rape, date rape includes some unique factors:- The alleged victim and perpetrator know each other–that can mean acquaintances, people who just met, new or long-term romantic partners, friends, or spouses.
- The use or threat of force or intimidation is not necessary. The charge will apply if the alleged victim was under the influence of drugs or alcohol (voluntary or otherwise) or was physically or mentally incapacitated at the time of the act.
Possession of child pornography
It’s a felony to knowingly possess any item that shows the sexual exploitation or abuse of a minor. Items include:- Photos
- Movies
- Drawings
- Sculptures
- Undeveloped film
Internet-related sex offenses
Social media apps and websites make it easier for perpetrators to arrange meetings with other people for sex or to exchange sexual materials–and all often under the guise of being someone else or “catfishing.”
The most prevalent of these internet-related sex crimes is when someone communicates with a minor in an effort to achieve some sort of sexual gratification. The mere act of soliciting a child online and trying to entice them into meeting for a sexual act is a crime, even if the meeting never happens. Online communication could be enough to result in a conviction.
There are many different types of activities that fall into the category of online solicitation, including:
- Suggesting the minor expose their genitals to a perpetrator,
- Asking the minor to touch their genitals while the perpetrator watches,
- Asking the minor to perform a sexual act, such as oral sex or intercourse,
- Attempting to entice a minor to go into a confined area and perform a sexual act.
- The communication occurred through a computer network or another form of digital communication such as an app
- The minor child was solicited to perform a prohibited sexual act through the use of a computer or digital device
- The person being solicited was under the age of 18
- The perpetrator either knew or had a substantial reason to believe the person being solicited was a minor
- The age of the child – If under 15 years old, the maximum punishment will likely be enforced.
- The type of sexual activity that was solicited – The intent of the solicitor’s actions could have a substantial impact on the sentencing.
- Criminal history – If the offender has a prior conviction for either soliciting a minor, or any other type of internet-related sex crime, they could face the maximum sentence.
“Sexting” is legal, but inherently risky
“Sexting” (sending or receiving sexually-explicit images through a phone or computer) is a well-known behavior among sexually active adults and even teenagers, but many people don’t realize they can put themselves at risk of charges even if they send a picture to another consenting adult. After an image is sent, the sender loses all control over who sees it. The recipient’s child might view the image, or it could be re-sent to someone underage. This could result in a criminal charge being filed against the sender of the photo. If a 17-year-old sends a nude photo to an 18-year-old, the 18-year-old risks being charged with possession of child pornography. Similarly, if the 18-year-old sends a photo to a 17-year-old, they also can face charges for sending sexual content to a minor. Federal charges could also be involved since the image might have traveled across state lines to different servers. Sexting might seem fun and harmless, but it’s best to not engage in that behavior because it could have harsh, unintended consequences.Rape or object sexual penetration of a minor under 13 years old
Since the abolition of the death penalty in Virginia, this is the most serious crime in the Virginia code based on the punishment for the crime. The prosecution must present evidence that the child was under 13 years old at the time of the offense and the perpetrator was 18 years of age or older. If the prosecution can prove that the perpetrator penetrated the mouth, vagina, or anus of the alleged victim then a conviction will result in a mandatory minimum sentence of life in prison without possibility of parole.Possible defense strategies
An arrest and charge for a sex crime doesn’t guarantee a conviction. If you hire one of the experienced criminal defense attorneys at Select Law Partners PLLC, they can assert all possible defenses in the hopes of getting your charges dropped or reduced.Unlawful search or seizure
If you were charged with possessing child pornography, the police may have searched your home and computer for images or seized your smartphone. If you’re facing a rape charge, police might have taken your clothing, phone, personal belongings, or searched your car or home.
Your attorney may challenge any evidence that was obtained during those initial searches if it appears that it was wrongly obtained in violation of your rights. In the event of an unlawful search or seizure, evidence gathered could be suppressed so that it can’t be used against you.
If the police didn’t have a proper search warrant, or if they obtained evidence that was outside the scope of the warrant, that may qualify as an illegal search and seizure.
