{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-218.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-218.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-218.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-218.1.html"}],"law_id":81843,"edition_id":1,"section_id":81843,"structure_id":15748,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","history":"1986, c. 516; 2005, c. 631; 2012, cc. 476, 507.","full_text":"A\n\nIn any preliminary hearing of a charge for a violation under § 18.2-61, 18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of the accused, upon a finding of probable cause the court may request that its court services unit, in consultation with any appropriate social services organization, local community services board, or other community mental health services organization, prepare a report analyzing the feasibility of providing counseling or other forms of therapy for the accused and the probability such treatment will be successful. Based upon this report and any other relevant evidence, the court may, with the consent of the accused, the complaining witness and the attorney for the Commonwealth in any case involving a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2, authorize the accused to submit to and complete a designated course of counseling or therapy. In such case, the hearing shall be adjourned until such time as counseling or therapy is completed or terminated. Upon the completion of counseling or therapy by the accused and after consideration of a final evaluation to be furnished to the court by the person responsible for conducting such counseling or therapy and such further report of the court services unit as the court may require, and after consideration of the views of the complaining witness, the court, in its discretion, may discharge the accused if the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.B\n\nNo statement or disclosure by the accused concerning the alleged offense made during counseling or any other form of therapy ordered pursuant to this section or § 18.2-61, 18.2-67.1, 18.2-67.2, or 19.2-218.2 may be used against the accused in any trial as evidence, nor shall any evidence against the accused be admitted which was discovered through such statement or disclosure.","order_by":null,"text":{"0":{"id":293205,"text":"In any preliminary hearing of a charge for a violation under § 18.2-61, 18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of the accused, upon a finding of probable cause the court may request that its court services unit, in consultation with any appropriate social services organization, local community services board, or other community mental health services organization, prepare a report analyzing the feasibility of providing counseling or other forms of therapy for the accused and the probability such treatment will be successful. Based upon this report and any other relevant evidence, the court may, with the consent of the accused, the complaining witness and the attorney for the Commonwealth in any case involving a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2, authorize the accused to submit to and complete a designated course of counseling or therapy. In such case, the hearing shall be adjourned until such time as counseling or therapy is completed or terminated. Upon the completion of counseling or therapy by the accused and after consideration of a final evaluation to be furnished to the court by the person responsible for conducting such counseling or therapy and such further report of the court services unit as the court may require, and after consideration of the views of the complaining witness, the court, in its discretion, may discharge the accused if 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":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293206,"text":"No statement or disclosure by the accused concerning the alleged offense made during counseling or any other form of therapy ordered pursuant to this section or § 18.2-61, 18.2-67.1, 18.2-67.2, or 19.2-218.2 may be used against the accused in any trial as evidence, nor shall any evidence against the accused be admitted which was discovered through such statement or disclosure.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15748,"edition_id":1,"name":"Necessity for Indictment, Etc","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14119,"metadata":{},"date_created":"2026-06-26 03:58:52","date_modified":"2026-06-26 03:58:52","permalink":{"id":168863,"object_type":"structure","relational_id":15748,"identifier":"1","token":"19.2\/14\/1","url":"\/19.2\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14119,"edition_id":1,"name":"Presentments, Indictments and Informations","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:56","date_modified":"2026-06-26 03:46:56","permalink":{"id":168861,"object_type":"structure","relational_id":14119,"identifier":"14","token":"19.2\/14","url":"\/19.2\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60512,"structure_id":15748,"section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216","metadata":false},{"id":74176,"structure_id":15748,"section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217","metadata":false},{"id":62590,"structure_id":15748,"section_number":"19.2-217.1","catch_line":"Central file of aggravated murder indictments","url":"\/19.2-217.1\/","token":"19.2\/14\/1\/19.2-217.1","metadata":false},{"id":79152,"structure_id":15748,"section_number":"19.2-218","catch_line":"Preliminary hearing required for person arrested on charge of felony; waiver","url":"\/19.2-218\/","token":"19.2\/14\/1\/19.2-218","metadata":false},{"id":81843,"structure_id":15748,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1","metadata":false},{"id":69131,"structure_id":15748,"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","url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2","metadata":false},{"id":71677,"structure_id":15748,"section_number":"19.2-219","catch_line":"When capias need not be issued; summons; judgment","url":"\/19.2-219\/","token":"19.2\/14\/1\/19.2-219","metadata":false}],"previous_section":{"id":79152,"structure_id":15748,"section_number":"19.2-218","catch_line":"Preliminary hearing required for person arrested on charge of felony; waiver","url":"\/19.2-218\/","token":"19.2\/14\/1\/19.2-218","metadata":false},"next_section":{"id":69131,"structure_id":15748,"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","url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-218.1\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 516 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2005, chapter 631<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"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\/"}],"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"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\/"}],"permalink":{"id":168881,"object_type":"law","relational_id":81843,"identifier":"19.2-218.1","token":"19.2\/14\/1\/19.2-218.1","url":"\/19.2-218.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1","dublin_core":{"Title":"Preliminary hearings involving certain sexual crimes against spouses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-218.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any preliminary hearing<\/span> of a charge for a violation under § 18.2-61<\/a>, 18.2-67.1<\/a>, or 18.2-67.2<\/a> where the complaining witness<\/span> is the spouse of the accused<\/span>, upon a finding<\/span> of probable cause<\/span> the court<\/span> may request that its court<\/span> services unit, in consultation with any appropriate social services organization, local community services<\/span> board, or other community mental health services organization, prepare a report analyzing the feasibility of providing counseling or other forms of therapy for the accused<\/span> and the probability such treatment will be successful. Based upon this report and any other relevant evidence<\/span>, the court<\/span> may, with the consent of the accused<\/span>, the complaining witness<\/span> and the attorney for the Commonwealth in any case involving a violation of § 18.2-61<\/a>, 18.2-67.1<\/a>, or 18.2-67.2<\/a>, authorize the accused<\/span> to submit to and complete a designated course of counseling or therapy. In such case, the hearing shall be adjourned until such time as counseling or therapy is completed or terminated. Upon the completion of counseling or therapy by the accused<\/span> and after consideration of a final evaluation to be furnished to the court<\/span> by the person responsible for conducting such counseling or therapy and such further report of the court<\/span> services unit as the court<\/span> may require, and after consideration of the views of the complaining witness<\/span>, the court<\/span>, in its discretion, may discharge the accused<\/span> if 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>\n\t\t\t\t\t\t

B.<\/span> No statement or disclosure by the accused<\/span> concerning the alleged offense<\/span> made during counseling or any other form of therapy ordered pursuant to this section or § 18.2-61<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, or 19.2-218.2<\/a> may be used against the accused<\/span> in any trial<\/span> as evidence<\/span>, nor shall any evidence<\/span> against the accused<\/span> be admitted which was discovered through such statement or disclosure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY HEARINGS INVOLVING CERTAIN SEXUAL CRIMES AGAINST SPOUSES (\u00a7\n19.2-218.1)\n\nA. In any preliminary hearing of a charge for a violation under § 18.2-61,\n18.2-67.1, or 18.2-67.2 where the complaining witness is the spouse of the\naccused, upon a finding of probable cause the court may request that its court\nservices unit, in consultation with any appropriate social services\norganization, local community services board, or other community mental health\nservices organization, prepare a report analyzing the feasibility of providing\ncounseling or other forms of therapy for the accused and the probability such\ntreatment will be successful. Based upon this report and any other relevant\nevidence, the court may, with the consent of the accused, the complaining\nwitness and the attorney for the Commonwealth in any case involving a violation\nof § 18.2-61, 18.2-67.1, or 18.2-67.2, authorize the accused to submit to\nand complete a designated course of counseling or therapy. In such case, the\nhearing shall be adjourned until such time as counseling or therapy is completed\nor terminated. Upon the completion of counseling or therapy by the accused and\nafter consideration of a final evaluation to be furnished to the court by the\nperson responsible for conducting such counseling or therapy and such further\nreport of the court services unit as the court may require, and after\nconsideration of the views of the complaining witness, the court, in its\ndiscretion, may discharge the accused if the court finds such action will\npromote maintenance of the family unit and be in the best interest of the\ncomplaining witness.\n\nB. No statement or disclosure by the accused concerning the alleged offense made\nduring counseling or any other form of therapy ordered pursuant to this section\nor § 18.2-61, 18.2-67.1, 18.2-67.2, or 19.2-218.2 may be used against the\naccused in any trial as evidence, nor shall any evidence against the accused be\nadmitted which was discovered through such statement or disclosure.\n\nHISTORY: 1986, c. 516; 2005, c. 631; 2012, cc. 476, 507.","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}}