                                 CODE OF VIRGINIA

RAPE (§ 18.2-61)

A. 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&#8217;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&#8217;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. 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:

   1. 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 &#xA7; 18.2-47 or &#xA7; 18.2-48, (ii)
   &#xA7; 18.2-89, 18.2-90, or 18.2-91, or (iii) &#xA7; 18.2-51.2, the punishment
   shall include a mandatory minimum term of confinement of 25 years; or

   2. 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.
   				The 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&#8217;s life,
   subject to revocation by the court.
   				There 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&#8217;s completion of counseling or therapy,
   if not already provided, in the manner prescribed under &#xA7; 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. 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 &#xA7; 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 &#xA7; 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.

HISTORY: Code 1950, § 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.