{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-61.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-61.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-61.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-61.html"}],"law_id":75662,"edition_id":1,"section_id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","history":"Code 1950, \u00a7 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1982, c. 506; 1986, c. 516; 1994, cc. 339, 772, 794; 1997, c. 330; 1999, c. 367; 2002, cc. 810, 818; 2005, c. 631; 2006, cc. 853, 914; 2012, cc. 575, 605; 2013, cc. 761, 774.","full_text":"A\n\nIf any person has sexual 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 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 13 as the victim, he or she shall be guilty of rape.B\n\nA violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition:1\n\nFor a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or2\n\nFor a violation of clause (iii) of subsection A where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.\n\t\t\t\tThere shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.C\n\nUpon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","order_by":null,"text":{"0":{"id":271744,"text":"If any person has sexual 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 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 13 as the victim, he or she shall be guilty of rape.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271745,"text":"A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":271746,"text":"For a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":271747,"text":"For a violation of clause (iii) of subsection A where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.\n\t\t\t\tThere shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":271748,"text":"Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":13101,"edition_id":1,"name":"Criminal Sexual Assault","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":165125,"object_type":"structure","relational_id":13101,"identifier":"7","token":"18.2\/4\/7","url":"\/18.2\/4\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},{"id":76651,"structure_id":13101,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","url":"\/18.2-63\/","token":"18.2\/4\/7\/18.2-63","metadata":false},{"id":54142,"structure_id":13101,"section_number":"18.2-63.1","catch_line":"Death of victim","url":"\/18.2-63.1\/","token":"18.2\/4\/7\/18.2-63.1","metadata":false},{"id":61006,"structure_id":13101,"section_number":"18.2-64","catch_line":"Repealed","url":"\/18.2-64\/","token":"18.2\/4\/7\/18.2-64","metadata":false},{"id":67558,"structure_id":13101,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","url":"\/18.2-64.1\/","token":"18.2\/4\/7\/18.2-64.1","metadata":false},{"id":77968,"structure_id":13101,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","url":"\/18.2-64.2\/","token":"18.2\/4\/7\/18.2-64.2","metadata":false},{"id":75020,"structure_id":13101,"section_number":"18.2-65","catch_line":"Repealed","url":"\/18.2-65\/","token":"18.2\/4\/7\/18.2-65","metadata":false},{"id":86699,"structure_id":13101,"section_number":"18.2-66","catch_line":"Repealed","url":"\/18.2-66\/","token":"18.2\/4\/7\/18.2-66","metadata":false},{"id":76985,"structure_id":13101,"section_number":"18.2-67","catch_line":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","metadata":false},{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},{"id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","metadata":false},{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},{"id":73072,"structure_id":13101,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},{"id":83215,"structure_id":13101,"section_number":"18.2-67.2:1","catch_line":"Repealed","url":"\/18.2-67.2_1\/","token":"18.2\/4\/7\/18.2-67.2_1","metadata":false},{"id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","metadata":false},{"id":67699,"structure_id":13101,"section_number":"18.2-67.4","catch_line":"Sexual battery","url":"\/18.2-67.4\/","token":"18.2\/4\/7\/18.2-67.4","metadata":false},{"id":64369,"structure_id":13101,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","url":"\/18.2-67.4_1\/","token":"18.2\/4\/7\/18.2-67.4_1","metadata":false},{"id":70257,"structure_id":13101,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","url":"\/18.2-67.4_2\/","token":"18.2\/4\/7\/18.2-67.4_2","metadata":false},{"id":57731,"structure_id":13101,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","url":"\/18.2-67.5\/","token":"18.2\/4\/7\/18.2-67.5","metadata":false},{"id":73718,"structure_id":13101,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","url":"\/18.2-67.5_1\/","token":"18.2\/4\/7\/18.2-67.5_1","metadata":false},{"id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","metadata":false},{"id":68571,"structure_id":13101,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","metadata":false},{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},{"id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","metadata":false},{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},{"id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","metadata":false},{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false}],"next_section":{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-61\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1972, chapter 394; in 1975, chapters 14, 15, and 606; in 1981, chapter 397; in 1982, chapter 506; in 1986, chapter 516; in 1994, chapters 339<\/a>, 772<\/a>, and 794<\/a>; in 1997, chapter 330<\/a>; in 1999, chapter 367<\/a>; in 2002, chapters 810<\/a> and 818<\/a>; in 2005, chapter 631<\/a>; in 2006, chapters 853<\/a> and 914<\/a>; in 2012, chapters 575<\/a> and 605<\/a>; in 2013, chapters 761<\/a> and 774<\/a>.<\/p>","references":[{"id":58304,"section_number":"15.2-1627.4","catch_line":"(Effective September 1, 2022) Coordination of multidisciplinary response to sexual assault","order_by":null,"url":"\/15.2-1627.4\/"},{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":55813,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","order_by":null,"url":"\/16.1-269.2\/"},{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":71520,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","order_by":null,"url":"\/18.2-251.03\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":71784,"section_number":"18.2-359","catch_line":"Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such crimes when coupled with a violent felony","order_by":null,"url":"\/18.2-359\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":83105,"section_number":"18.2-370.3","catch_line":"Sex offenses prohibiting residing in proximity to children; penalty","order_by":null,"url":"\/18.2-370.3\/"},{"id":56106,"section_number":"18.2-370.4","catch_line":"Sex offenses prohibiting working on school property; penalty","order_by":null,"url":"\/18.2-370.4\/"},{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":77889,"section_number":"18.2-50.3","catch_line":"Enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty","order_by":null,"url":"\/18.2-50.3\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":71168,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","order_by":null,"url":"\/18.2-67.7_1\/"},{"id":83206,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","order_by":null,"url":"\/18.2-67.9\/"},{"id":57134,"section_number":"19.2-11.5","catch_line":"Definitions","order_by":null,"url":"\/19.2-11.5\/"},{"id":72961,"section_number":"19.2-13","catch_line":"Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report","order_by":null,"url":"\/19.2-13\/"},{"id":81395,"section_number":"19.2-152.7:1","catch_line":"Definitions","order_by":null,"url":"\/19.2-152.7_1\/"},{"id":67452,"section_number":"19.2-165.1","catch_line":"Payment of medical fees in certain criminal cases; reimbursement","order_by":null,"url":"\/19.2-165.1\/"},{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"},{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"},{"id":69131,"section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","order_by":null,"url":"\/19.2-218.2\/"},{"id":76061,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","order_by":null,"url":"\/19.2-268.2\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"id":66486,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","order_by":null,"url":"\/19.2-271.2\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":72639,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","order_by":null,"url":"\/19.2-310.2\/"},{"id":61790,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","order_by":null,"url":"\/19.2-311\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":69386,"section_number":"19.2-368.2","catch_line":"Definitions","order_by":null,"url":"\/19.2-368.2\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":70476,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","order_by":null,"url":"\/19.2-66\/"},{"id":78541,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","order_by":null,"url":"\/19.2-83.1\/"},{"id":56249,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","order_by":null,"url":"\/19.2-9.1\/"},{"id":63732,"section_number":"2.2-515.2","catch_line":"Address confidentiality program established; victims of domestic violence, stalking, child abduction, sexual violence, or human trafficking; application; disclosure of records","order_by":null,"url":"\/2.2-515.2\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":58613,"section_number":"22.1-315","catch_line":"Grounds and procedure for suspension","order_by":null,"url":"\/22.1-315\/"},{"id":79931,"section_number":"23.1-806","catch_line":"Reporting of acts of sexual violence","order_by":null,"url":"\/23.1-806\/"},{"id":67295,"section_number":"23.1-807","catch_line":"Sexual assault; memoranda of understanding; policies","order_by":null,"url":"\/23.1-807\/"},{"id":80452,"section_number":"23.1-815","catch_line":"Campus police forces and auxiliary police forces; powers and duties; jurisdiction","order_by":null,"url":"\/23.1-815\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":68891,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","order_by":null,"url":"\/40.1-28.01\/"},{"id":73781,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","order_by":null,"url":"\/53.1-131.2\/"},{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"},{"id":77539,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","order_by":null,"url":"\/53.1-165.1\/"},{"id":56427,"section_number":"53.1-199","catch_line":"Eligibility for good conduct allowance; application","order_by":null,"url":"\/53.1-199\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":74229,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","order_by":null,"url":"\/53.1-32\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":80789,"section_number":"63.2-1222","catch_line":"Execution of entrustment agreement by birth parent(s); exceptions; notice and objection to entrustment; copy required to be furnished; requirement for agencies outside the Commonwealth","order_by":null,"url":"\/63.2-1222\/"},{"id":69788,"section_number":"63.2-1233","catch_line":"Consent to be executed in juvenile and domestic relations district court; exceptions","order_by":null,"url":"\/63.2-1233\/"},{"id":86098,"section_number":"63.2-1509","catch_line":"Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report","order_by":null,"url":"\/63.2-1509\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":83322,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","order_by":null,"url":"\/63.2-903\/"},{"id":67062,"section_number":"65.2-301","catch_line":"Victims of sexual assault","order_by":null,"url":"\/65.2-301\/"},{"id":87200,"section_number":"8.01-249","catch_line":"When cause of action shall be deemed to accrue in certain personal actions","order_by":null,"url":"\/8.01-249\/"},{"id":69399,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","order_by":null,"url":"\/8.01-396.2\/"},{"id":85012,"section_number":"9.1-1301","catch_line":"Sexual assault policies for law-enforcement agencies in the Commonwealth; memoranda of understanding with institutions of higher education","order_by":null,"url":"\/9.1-1301\/"},{"id":63110,"section_number":"9.1-139","catch_line":"Licensing, certification, and registration required; qualifications; temporary licenses","order_by":null,"url":"\/9.1-139\/"},{"id":59393,"section_number":"9.1-145","catch_line":"Fingerprints required; penalty","order_by":null,"url":"\/9.1-145\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"},{"id":69509,"section_number":"9.1-923","catch_line":"Supplement to the Sex Offender and Crimes Against Minors Registry established","order_by":null,"url":"\/9.1-923\/"}],"refers_to":[{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":60995,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":55574,"section_number":"18.2-91","catch_line":"Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony","order_by":null,"url":"\/18.2-91\/"},{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"}],"permalink":{"id":165127,"object_type":"law","relational_id":75662,"identifier":"18.2-61","token":"18.2\/4\/7\/18.2-61","url":"\/18.2-61\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","dublin_core":{"Title":"Rape","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-61","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any person has sexual intercourse with a complaining witness<\/span>, whether or not his or her spouse, or causes a complaining witness<\/span>, 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<\/span>’s will, by force, threat or intimidation of or against the complaining witness<\/span> or another person; or (ii) through the use of the complaining witness<\/span>’s mental incapacity<\/span> or physical helplessness<\/span>; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A violation of this section shall be punishable, in the discretion of the court<\/span> or jury<\/span>, by confinement in a state correctional facility for life or for any term not less than five years; and in addition: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47<\/a> or § 18.2-48<\/a>, (ii) § 18.2-89<\/a>, 18.2-90<\/a>, or 18.2-91<\/a>, or (iii) § 18.2-51.2<\/a>, the punishment shall include a mandatory minimum term of confinement of 25 years; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a violation of clause (iii) of subsection A where it is alleged in the indictment<\/span> that the offender was 18 years of age or older at the time of the offense<\/span>, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge<\/span> shall impose, in addition to any active sentence, a suspended sentence<\/span> of no less than 40 years. This suspended sentence<\/span> shall be suspended for the remainder of the defendant<\/span>’s life, subject to revocation<\/span> by the court<\/span>.\n\t\t\t\tThere shall be a rebuttable presumption<\/span> that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court<\/span>, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant<\/span>’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1<\/a> if, after consideration of the views of the complaining witness<\/span> and such other evidence<\/span> as may be relevant, the court<\/span> finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon a finding<\/span> of guilt under this section, when a spouse is the complaining witness<\/span> in any case tried by the court<\/span> without a jury<\/span>, the court<\/span>, without entering a judgment<\/span> of guilt, upon motion<\/span> of the defendant<\/span> who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness<\/span> and the attorney for the Commonwealth, may defer further proceedings and place the defendant<\/span> on probation<\/span> pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1<\/a>. If the defendant<\/span> fails to so complete such counseling or therapy, the court<\/span> may make final disposition<\/span> of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1<\/a>, the court<\/span> may discharge the defendant<\/span> and dismiss the proceedings against him if, after consideration of the views of the complaining witness<\/span> and such other evidence<\/span> as may be relevant, the court<\/span> finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRAPE (\u00a7 18.2-61)\n\nA. If any person has sexual intercourse with a complaining witness, whether or\nnot his or her spouse, or causes a complaining witness, whether or not his or\nher spouse, to engage in sexual intercourse with any other person and such act\nis accomplished (i) against the complaining witness’s will, by force,\nthreat or intimidation of or against the complaining witness or another person;\nor (ii) through the use of the complaining witness’s mental incapacity or\nphysical helplessness; or (iii) with a child under age 13 as the victim, he or\nshe shall be guilty of rape.\n\nB. A violation of this section shall be punishable, in the discretion of the\ncourt or jury, by confinement in a state correctional facility for life or for\nany term not less than five years; and in addition:\n\n 1. For a violation of clause (iii) of subsection A where the offender is more\n than three years older than the victim, if done in the commission of, or as\n part of the same course of conduct as, or as part of a common scheme or plan\n as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii)\n § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment\n shall include a mandatory minimum term of confinement of 25 years; or\n\n 2. For a violation of clause (iii) of subsection A where it is alleged in the\n indictment that the offender was 18 years of age or older at the time of the\n offense, the punishment shall include a mandatory minimum term of confinement\n for life.\n \t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of\n this section shall be served consecutively with any other sentence. If the\n term of confinement imposed for any violation of clause (iii) of subsection A,\n where the offender is more than three years older than the victim, is for a\n term less than life imprisonment, the judge shall impose, in addition to any\n active sentence, a suspended sentence of no less than 40 years. This suspended\n sentence shall be suspended for the remainder of the defendant’s life,\n subject to revocation by the court.\n \t\t\t\tThere shall be a rebuttable presumption that a juvenile over the age of 10\n but less than 12, does not possess the physical capacity to commit a violation\n of this section. In any case deemed appropriate by the court, all or part of\n any sentence imposed for a violation under this section against a spouse may\n be suspended upon the defendant’s completion of counseling or therapy,\n if not already provided, in the manner prescribed under § 19.2-218.1 if,\n after consideration of the views of the complaining witness and such other\n evidence as may be relevant, the court finds such action will promote\n maintenance of the family unit and will be in the best interest of the\n complaining witness.\n\nC. Upon a finding of guilt under this section, when a spouse is the complaining\nwitness in any case tried by the court without a jury, the court, without\nentering a judgment of guilt, upon motion of the defendant who has not\npreviously had a proceeding against him for violation of this section dismissed\npursuant to this subsection and with the consent of the complaining witness and\nthe attorney for the Commonwealth, may defer further proceedings and place the\ndefendant on probation pending completion of counseling or therapy, if not\nalready provided, in the manner prescribed under § 19.2-218.1. If the\ndefendant fails to so complete such counseling or therapy, the court may make\nfinal disposition of the case and proceed as otherwise provided. If such\ncounseling is completed as prescribed under § 19.2-218.1, the court may\ndischarge the defendant and dismiss the proceedings against him if, after\nconsideration of the views of the complaining witness and such other evidence as\nmay be relevant, the court finds such action will promote maintenance of the\nfamily unit and be in the best interest of the complaining witness.\n\nHISTORY: Code 1950, \u00a7 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15,\n606; 1981, c. 397; 1982, c. 506; 1986, c. 516; 1994, cc. 339, 772, 794; 1997, c.\n330; 1999, c. 367; 2002, cc. 810, 818; 2005, c. 631; 2006, cc. 853, 914; 2012,\ncc. 575, 605; 2013, cc. 761, 774.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}