§61-8B-1. Definition of Terms
In this article, unless a different meaning plainly is required: (1) “Forcible compulsion” means:
§61-8B-10. Imposition of Sexual Acts on Persons Incarcerated, Detained, or Under Supervision; Penalties
(a) Any person employed by the Division of Corrections and Rehabilitation, any person working at a correctional or juvenile facility managed by the Commissioner of Corrections and Rehabilitation pursuant to contract or as an employee of a state agency or as a volunteer or any person employed by, or acting pursuant to, the authority of […]
§61-8B-11. Sexual Offenses; Evidence
(a) In any prosecution under this article in which the victim’s lack of consent is based solely on the incapacity to consent because such victim was below a critical age, evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall […]
§61-8B-11a. Convictions for Offenses Against Children
In any case where a person is convicted of an offense described in this article against a child and the person has custodial, visitation, or other parental rights to the child who is the victim of the offense or any child who resides in the same household as the victim, the court shall, at the […]
§61-8B-12. Same — Defense
(a) In any prosecution under this article in which the victim's lack of consent is based solely on the incapacity to consent because such victim was below a critical age, mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant at the time he or she engaged in the conduct […]
§61-8B-13. Payment of Treatment Cost for Victim
In addition to any penalty provided under this article and any restitution, which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this article to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the […]
§61-8B-14. Limits on Interviews of Children Eleven Years Old or Less
In any prosecution under this article, the court may provide by rule for reasonable limits on the number of interviews to which a victim who is a child who is eleven years old or less must submit for law enforcement or discovery purposes. The rule shall to the extent possible protect the mental and emotional […]
§61-8B-15. Forensic Medical Examination Fund; Training of Sexual Assault Nurse Examiners
There is continued the "Forensic Medical Examination Fund”, created as a special fund in the state Treasury, into which shall be deposited legislative appropriations to the fund. The West Virginia prosecuting attorneys Institute, created by the provisions of section six, article four, chapter seven of this code, shall make expenditures from the fund, where it […]
§61-8B-16. Payment for Costs of Forensic Medical Examination
(a) When any person alleges that he or she has been the victim of an offense proscribed by this article, the West Virginia prosecuting attorneys institute shall pay to a licensed medical facility from the forensic medical examination fund the cost of the forensic medical examination for the alleged victim on the following conditions and […]
§61-8B-17. Study of Reimbursement; Recordkeeping; Disclosure; Confidentiality
(a) The West Virginia prosecuting attorneys institute is hereby directed to undertake a study of the viability of the state seeking reimbursement from private insurance companies for the cost of forensic medical examinations. The study shall be completed prior to the first day of the regular legislative session, one thousand nine hundred ninety-seven, and provided […]
§61-8B-18. Rule-Making Authority
The executive council of the West Virginia prosecuting attorneys institute, created by the provisions of section six, article four, chapter seven of this code, shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code, for the administration of the forensic medical examination fund, establishing qualifications for medical personnel performing a forensic medical […]
§61-8B-19. Court Files and Law-Enforcement Records; Confidentiality
(a) Records confidential. All records and information maintained by the courts of this state or any law enforcement agency of this state or any of its political subdivisions, which contain identifying information of a victim in an arrest, investigation, or complaint for the offenses enumerated in 61-8A-1 et seq., 61-8B-1 et seq., 61-8C-1 et seq., […]
§61-8B-2. Lack of Consent
(a) Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without the consent of the victim. (b) Lack of consent results from: (1) Forcible compulsion;
§61-8B-3. Sexual Assault in the First Degree
(a) A person is guilty of sexual assault in the first degree when: (1) The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:
§61-8B-4. Sexual Assault in the Second Degree
(a) A person is guilty of sexual assault in the second degree when: (1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or
§61-8B-5. Sexual Assault in the Third Degree
(a) A person is guilty of sexual assault in the third degree when: (1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or
§61-8B-7. Sexual Abuse in the First Degree
(a) A person is guilty of sexual abuse in the first degree when: (1) Such person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or
§61-8B-8. Sexual Abuse in the Second Degree
(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated. (b) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail […]
§61-8B-9. Sexual Abuse in the Third Degree
(a) A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent, when such lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen years old. (b) In any prosecution under this section it is […]
§61-8B-9a. Mandatory Sentence for Person Committing Certain Sex Offenses Against Children
(a) Notwithstanding the provisions of section one-a, article eleven-a, section four, article eleven-b and section two, article twelve of chapter sixty-two of this code, a person shall not be eligible for probation, home incarceration or an alternative sentence provided under this code if they are convicted of an offense under section three, four, five, seven, […]