Virginia’s Age of Consent Defined
In Virginia, the legal age of consent for sexual activity is at 18 years old. This means that individuals who are 18 or older are able to legally consent to engage in sexual intercourse and other sexual acts without it being considered a crime. Virginia statutes set out an exception to the longstanding age of consent, in the case of "age-appropriate" consensual activity between teens age 13 to 17, who do not have any significant connection to one another. Specifically, the law provides that it is not a crime for a person age 18 or older to engage in consensual sexual activity with a person age 13, 14 or 15 years old. Virginia Code §18.2-63 and Virginia Code §18.2-371.1.
However, whenever a person age 18 or older engages in a sexual act or intercourse with an individual under the age of 13, it will be considered a crime regardless of whether or not the sexual activity was consensual. This means that even if both parties involved consent to sex, the adult could still be charged with a serious crime and face severe penalties.
The legal age of consent in Virginia is in line with the national average and is consistent with that of most other states. In Virginia , demonstrating age below the age of consent does not excuse engagement in sexual activity with a minor in sex crimes cases brought in Virginia circuit court or juvenile court. The definition of minors as referenced in the current version of the Virginia criminal code did not change following the 2019 amendments establishing the age of consent as 18. Virginia Code §18.2-63 and Virginia Code §18.2-371.1. These two statutes are the basis of many sex offenses charged in Virginia state court in cases involving children and young adults age 18 or younger. Historically, the law provided that minors as young as 15 were able to be charged as adults for certain criminal offenses. However, in 2019, the law changed, making it possible for minors to be charged in juvenile court as long as they were 17 years of age or younger as of July 1, 2019. See Virginia Code §16.1-241. Because the age of consent is now 18, this means that most 18-year-olds charged with crime in juvenile court in Virginia will have their trials heard by judges on the juvenile bench, not in circuit court. In general, juvenile court convictions do not involve significant punishment.
Exemptions to Age of Consent Law
Virginia’s Criminal Code provides certain exceptions to the general rule that a person under the age of 18 cannot consent to sexual intercourse. As with many laws, however, those exceptions have their own limitations and requirements.
Virginia law provides an exception to the definition of sexual intercourse where the two parties are legally married.
Virginia’s Sexual Assault Statute also makes clear that if two persons are both under the age of 13, they cannot be charged with violating Phigher Law 18.2-63, Sexual Battery.
In addition, Virginia has what is known as the "Close-in-age Exception" or the "Romeo and Juliet Law," which recognizes that individuals can consent to certain sexual acts even if they are not 18, but only under certain restrictions. The Close-in-age Exception requires that the individuals be at least 15 years of age. That means that as long as the older of the two individuals actively consent to sexual penetration, they cannot be criminally sanctioned for violating Virginia law as long as they are both at least 15 years of age, but it requires that both individuals be no more than 3 years apart. In other words, if one is 17 and one is 15, they may engage in sexual penetration and they will not be charged with violating Phigher Law 18.2-63, 18.2-366, 18.2-67.3, or 18.2-67.4:1.
For example, assume a 15-year old female seeks medical attention at an area hospital and discloses to the staff that she is pregnant and knows that the father is 18-year old male. The hospital must then notify law enforcement and the case is referred to the local police department, and that department responds to the hospital. In such a case, the 18-year old male cannot be charged with violating Virginia law, even if the sexual act was accomplished by means of force, provided he did not use a firearm and it does not involve any other Ten-Plus charging statute, Codified Law 18.2-9.
Penalties for Breaking Virginia’s Age of Consent Laws
Violating Virginia’s statutory rape law may only warrant a misdemeanor charge, but under other circumstances, it can become a felony. Unlawful sexual intercourse with a person less than 13 years old is a Class 4 felony that is punishable by a mandatory minimum of five years and a maximum of 20 years in prison.
If an individual is charged with having sexual intercourse with their biological child who is under age 13, the law does allow for discretion of the courts. A judge can reduce the mandatory minimum sentence to just one day in this very specific situation.
All other cases of sexual intercourse with children that fall under Virginia’s statutory rape law are felonies that will be treated as such by prosecutors. As felonies, convicted offenders will be unable to avoid the lifelong ramifications of their conviction.
Long-term consequences of conviction often include a significant term of imprisonment. Also, those convicted face mandatory registration on the Virginia Sex Offender Registry. Depending on the nature of the crime, registration could be required for 10, 15 or even the rest of the offender’s life.
Consent and its Importance in Sexual Encounters
Consent, in the context of sexual relations, refers to the voluntary agreement by each person to engage in sexual behavior. While consent is always important, it’s especially significant when one of the parties is underage—understanding and establishing consent is often central to Virginia criminal cases involving minors.
It’s important to understand exactly what consent entails. For example, although consent can be withdrawn at any time during a sexual encounter, a withdrawal of consent doesn’t affect the legality of what preceded it. In the event that consent is withdrawn after sex has begun, the parties must cease further sexual activity until all have agreed to re-engage.
A minor may give verbal , physical or textual consent once he or she feels comfortable with the other person—but what does that mean? In practice, each party must do everything in his or her power to communicate any previous, current or anticipated changes in consent.
In the context of an ongoing relationship, consent is an ongoing process. For example, just because a couple has been intimate before does not guarantee that consent to be intimate in the future will be given. Laws regarding consent are particularly important in the case of minors.
Even once they turn 18, minors cannot legally give consent in Virginia. Even so, the law may recognize the teenager as having had "sexual knowledge," which is defined as a child’s knowledge of the mechanics and obligations of sexual relationships through personal experience.
How Minors are Protected: Other Age of Consent Laws
Beyond the age of consent, there are additional laws that serve to protect minors in Virginia. Statutory rape laws, for instance, are in place in every state and the District of Columbia. This means that the state will consider the defendant guilty of a crime if prosecutors can show that he or she engaged in sexual activity with a child, as defined in the statute. Statutory rape laws can exist on both the state level and on the federal level, although the laws vary widely from one state to another. Although Virginia does have a statutory rape law in place, the law is complicated and open to interpretation. In Virginia, the law says that having sex with a minor who is under 18 years of age is a felony. However, it is a Class 4 felony, which is the least serious type of felony in Virginia. This means that statutory rape is punishable by up to two years in prison.
To provide additional safeguards, the Department of Social Services Virginia Child Protective Services mandates that child abuse or neglect be reported to the appropriate authorities. Any employee in a public or private institution who suspects that a child is being abused must report the information to the local department of social services.
Another safeguard designed to protect children is VA Code § 54.1-4301:1, which requires professionals charged with protecting and educated children to undergo criminal background checks. Those persons include, but are not limited to, coaches, professional school personnel, day care center employees, and licensed child-placing agency staff.
Helpful Resources for Teens and Their Parents
The Virginia Department of Health provides a Sexual Health Resource page on its website that educates and promotes the health and well-being of individuals, families and the community. It provides information on confidentiality, sexually transmitted diseases (STD), HIV/AIDS, and HIV testing.
The Virginia Sexual and Domestic Violence Action Alliance is a statewide coalition of sexual assault and domestic violence service providers who work collaboratively to improve services, responses and social systems that affect victims and survivors. The Action Alliance provides many types of support – training for service providers, technical assistance, funding, and free and for-profit resources to support advocacy.
The US Department of Health and Human Services Center for Disease Control and Prevention provides information on STDs including prevention, transmission, testing and treatment. It also provides information on HIV/AIDS prevention including how to get tested, what happens with the information, which test is more reliable and where to get help.
The Rape , Abuse & Incest National Network (RAINN) has a hotline that provides support services in both English and Spanish, 24/7 to all victims and survivors of rape, abuse and incest. In addition to free and confidential crisis intervention, support and referrals to local and national resources, they provide additional online resources and a victim service provider directory to assist in finding local resources. They are also an education resource for law enforcement and other entities as to the impact of sexual violence on victims and survivors, the processes and protocols involved in prosecuting sex crimes, and the motivations and methods of those who perpetrate sexual violence.
Women Against Violence is a website out of Colorado that provides general information for victims of violence including where to find domestic and sexual violence centers, legal services, public health and counseling resources. They also provide a glossary of common terms, overview on advocacy and the legal process for victims of domestic violence, sexual assault and stalking.
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