Sexual abuse in Virginia law can be defined as sexual assault or rape laws. Sexual offense law for the state is included in the sexual abuse law as well. Talking about the laws, it will be easier for any person to understand if we state the laws here.

Virginia Sexual Abuse Laws:

  • 3-303: Rape in the First Degree and 3-309 for attempted
  • 3-304: Rape in the Second Degree and 3-310 for attempted
  • 3-305: Sexual Offense in the First Degree and 3-311 for attempted
  • 3-306: Sexual Offense in the Second Degree and 3-312 for attempted
  • 3-307: Sexual Offense in the Third Degree
  • 3-308: Sexual Offense in the Fourth Degree

What is prohibited in the Law?

There are various forms of the sexual abuse which are included in the law:


Rape has two different degrees which define the severity of the crime. First degree and second degree.

First Degree: Engaging in sex/intercourse with any person without their consent or will is a first-degree crime. Not just this, if you use any weapon to threaten the person with a life to have sex with you, it is also a first-degree charge. If you force another person to have sex with you, that is also a rape. Kidnapping a person and committing rape is also a first-degree charge.  Threatening someone and bringing them injuries and committing rape is also a first-degree crime.

Second Degree: Engaging in vaginal intercourse with someone else without their will or consent, by force. Another crime is to get into vaginal intercourse with a physically incapacitated person (includes being high, being drunk or unconsciousness). When the defendant knows of the condition yet still commit the crime. If the defendant is four years older than the minor, the second-degree charge will take place, or if the kid is under 16, then the charges will be applied.

Sexual Offense:

There are four different stages of sexual offense crime. It has been classified into four, as it goes down, the punishments go lenient.

First Degree: Engaging in any sexual act (anal or oral sex or any other part of the body like genitals or anus for sexual gratification but not vaginal intercourse – that is rape, and that is considered as a first-degree rape charge) by force or threat is a first-degree crime of sexual offense.

Second Degree: Engaging in any sexual act with anyone else by force or without their will is a second-degree crime. If you involve in any sexual act with a person who is mentally or physically incapacitated person (includes being high, being drunk or unconsciousness) then it will be a second-degree crime.

Third Degree: Engaging in any sexual contact where you intentionally touch other person’s genitals, anal or more private parts of the body in such situations:

  • Without their will, while using a weapon or any firearm, injuring the other person on their denial, abducting or taking someone else’s help for such actions
  • The person you are torturing is mentally incapacitated (being drunk, being high or unconsciousness)

Fourth Degree: Engaging in any type of sexual contact without the will of another person. Engaging in any sexual act (vaginal intercourse) with a minor or when you are at least four years older than the child.