                                 CODE OF VIRGINIA

PRELIMINARY HEARINGS INVOLVING CERTAIN SEXUAL CRIMES AGAINST SPOUSES (§
19.2-218.1)

A. In any preliminary hearing of a charge for a violation under &#xA7; 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 &#xA7; 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. 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 &#xA7; 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.

HISTORY: 1986, c. 516; 2005, c. 631; 2012, cc. 476, 507.