§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
When a person is convicted of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, a violation of § 18.2-371 involving consensual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child, indecent exposure of himself or procuring another to expose himself in violation of § […]
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction, or scheme and who has […]
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment […]
§ 18.2-67.6. Proof of physical resistance not required
The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show that the act alleged was not against the will of the complaining witness. 1981, […]
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
A. In prosecutions under this article, or under clause (iii) or (iv) of § 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness’s unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual […]
§ 18.2-67.3. Aggravated sexual battery; penalty
A. An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and 1. The complaining witness is less than 13 years of age; or 2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness; or 3. The offense is committed by […]
§ 18.2-67.4. Sexual battery
A. An accused is guilty of sexual battery if he 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, (ii) within a two-year period, more than one complaining witness or one complaining witness on more than one occasion intentionally and […]
§ 18.2-67. Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault
Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, with the consent of the accused first obtained in open court, by an order of record, may direct that the deposition of the complaining witness be taken at a time […]
§ 18.2-67.01. Not in effect
Not in effect.
§ 18.2-67.1. Forcible sodomy
A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or 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 1. […]