Practice Area
Sexual assault charges in Virginia carry severe penalties including mandatory prison sentences, lifetime sex offender registration, and permanent damage to your reputation and career. D.J. Rivera provides aggressive, confidential defense for all sex offense charges.
Free Consultation — Available 24/7Virginia's sexual assault statutes cover a wide range of conduct, from rape (§ 18.2-61) and forcible sodomy (§ 18.2-67.1) to sexual battery (§ 18.2-67.4) and object sexual penetration (§ 18.2-67.2). The severity of the charge depends on the nature of the alleged conduct, the age of the alleged victim, and whether force or threat was used. Charges involving minors carry the most severe penalties and mandatory sex offender registration.
Sex offender registration in Virginia is governed by § 9.1-900 et seq. and can be required for life for certain offenses. Registration imposes severe restrictions on where the registrant may live, work, and travel, and the registry is publicly accessible. Avoiding registration — through acquittal, a plea to a non-registrable offense, or challenging the registration requirement — is a critical goal in every sex offense case.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Rape | § 18.2-61 | Class 3 Felony | 5–25 years (life if victim < 13) |
| Forcible Sodomy | § 18.2-67.1 | Class 3 Felony | 5–25 years (life if victim < 13) |
| Object Sexual Penetration | § 18.2-67.2 | Class 3 Felony | 5–25 years (life if victim < 13) |
| Aggravated Sexual Battery | § 18.2-67.3 | Class 3 Felony | 1–20 years |
| Sexual Battery | § 18.2-67.4 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Sexual Battery (3rd+ offense) | § 18.2-67.4 | Class 6 Felony | Up to 5 years |
| Carnal Knowledge of Child (13–14) | § 18.2-63 | Class 4 Felony | 2–10 years |
| Indecent Liberties with Child | § 18.2-370 | Class 5 Felony | 1–10 years |
| Rape (victim < 13) | § 18.2-61 | Class 2 Felony | Life (mandatory) |
Consent: For adult victims, consent is a complete defense to rape and sexual battery charges. D.J. Rivera develops consent defenses through analysis of the parties' communications, prior relationship, and the circumstances of the alleged encounter.
False allegations: Sexual assault allegations are sometimes made falsely — in the context of contentious divorces, custody disputes, or personal vendettas. D.J. Rivera rigorously investigates the alleged victim's motive to fabricate, inconsistencies in their accounts, and evidence that contradicts their allegations.
Challenging DNA and forensic evidence: DNA evidence is often presented as definitive proof in sexual assault cases, but it is subject to contamination, misinterpretation, and chain of custody errors. D.J. Rivera works with forensic experts to challenge the collection, analysis, and interpretation of DNA and other physical evidence.
Challenging the identification: In cases where the alleged victim does not know the defendant, eyewitness identification evidence is a critical vulnerability. D.J. Rivera challenges the reliability of identification procedures and presents alibi evidence where available.
Avoiding sex offender registration: In cases where a conviction cannot be avoided, D.J. Rivera negotiates for a plea to a non-registrable offense where possible, or challenges the registration requirement through post-conviction proceedings.
These charges can destroy your life. Contact D.J. Rivera immediately — 24/7 — for a confidential consultation. Your privacy is protected.
Get Your Free Consultation