Virginia State law regarding sexual assault

Code 18.2-61 Rape
If any person has sexual intercourse with a complaining witness who is 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 thirteen as the victim, he or she shall be guilty of rape.

18.2-67.1. Forcible sodomy
An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anallingus, or anal intercourse with a complaining witness who is not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and (i) the complaining witness is less than thirteen years of age, or (ii) the act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

§ 18.2-67.4. Sexual battery
An accused shall be guilty of sexual battery if he or she sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation or ruse, or through the use of the complaining witness's mental incapacity or physical helplessness.

Virginia Law associated with drug facilitated sexual assaults

An incapacitated person does NOT forfeit her/his rights. The state of Virginia recognizes that when someone is drunk and/or drugged, she or he is unable to give consent. This means if you have sex with a person who is passed out or otherwise incapable of giving consent, it WILL be considered sexual assault!

Code 18.2-251.2 Flunitrazepam Rescheduling
Virginia makes flunitrazepam (the active ingredient in Rohypnol) a Schedule IV drug, with Schedule I penalties for illegal possession, importation, or distribution. (1997)

Code 18.2-251.3 Scheduling of Gamma Hydroxybutyrate acid (GHB)
Virginia makes gamma hydroxybutyrate acid (GHB) a Schedule I drug, with a Class 3 felony penalty for possession and distribution (2000).

Grant statement: This project was supported by grant # 2005-WA-AX-0020 awarded by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice. Points of View in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Last updated 03/29/2007