Virginia Sex Crimes Defense

Are you under investigation or have already been charged with a sex crime in Virginia such as rape, forcible sodomy, or taking indecent liberties with children? You likely have many questions and concerns and are searching for a qualified defense attorney to protect you. Premier Defense Group is unique because our focus is defending individuals accused of committing these particular types of crimes, particularly those involving minor complainants.

Meet Attorney Tom Pavlinic

Attorney Tom Pavlinic during trialShould you decided to have Premier Defense Group on your side, your lead defense lawyer will be Attorney Tom Pavlinic who is a nationally experienced trial attorney with over 40 years of experience. In the mid-1990s Tom shifted the focus of his law practice to only defending individuals accused of committing sex crimes. Since then, he has represented clients in numerous states across the country, including those throughout Virginia.

The Team Approach to Overcoming Sex Crime Charges

VirginiaTom Pavlinic is licensed to practice law in Maryland, but routinely represents individuals in Virginia due to his ability to be admitted as pro hac vice counsel in any state across the country. To date, he has represented clients in sex crimes cases in 13 cities/counties in Virginia. He has appeared in the following venues: Chesterfield, Fairfax, Fredericksburg, Hanover, Henrico, James City, Loudoun, Lynchburg, Norfolk, Northumberland, Northampton, Prince William, Portsmouth, Radford, Suffolk, Virginia Beach, and Washington.

When representing individuals in Virginia, Tom works jointly with a local Group co-counsel lawyer who resides in, and is licensed in the jurisdiction where charges have been filed. Our Group has well-established local counsel in Emory, Manassas, Norfolk and Richmond Virginia. It is important to understand that Tom is always the lead defense attorney who will represent you throughout your case, and at trial should one be necessary.

Rape

If you have been charged in Virginia with the crime of Rape (§ 18.2-61), then it is being alleged that you engaged in sexual intercourse (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 who was under the age of 13.

  • Rape is a felony offense.
  • The penalty for this crime is a term of confinement for 5 years to life, except for certain violations of clause (iii) shown above which can add an additional mandatory minimum term of confinement for 25 years, or for life.
  • This offense is a “sexually violent offense” and carries a lifetime sex offender registration requirement.

Forcible Sodomy

If you have been charged in Virginia with the crime of Forcible sodomy (§ 18.2-67.1), then it is being alleged that you engaged in cunnilingus, fellatio, anilingus, or anal intercourse where:

1 the complaining witness was less than 13 years of age, or

2 the act was committed against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person; or through the use of the complaining witness’s mental incapacity or physical helplessness.

  • Cunnilingus is male-on-female oral sex, fellatio is female-on-male oral sex, and anilingus is mouth-to-anus oral sex.
  • Forcible sodomy is a felony offense.
  • The penalty for this crime is a term of confinement for 5 years to life, except for certain violations of (1) shown above which can add an additional mandatory minimum term of confinement for 25 years, or for life.
  • This offense is a “sexually violent offense” and carries a lifetime sex offender registration requirement.

Aggravated Sexual Battery

If you have been charged in Virginia with the crime of Aggravated sexual battery (§ 18.2-67.3) then it is being alleged that you “sexually abused”

1 a child less than 13 years of age,

2 a person through the use of his or her mental incapacity or physical helplessness,

3 a child 13 but less than 18 years of age and you were the child’s parent, step-parent, grandparent, or step-grandparent, or

4 a child 13 but less than 15 years of age against the will of the child by force, threat or intimidation involving serious bodily or mental injury or the use of a deadly weapon.

  • “Sexual abuse” generally means sexually touching with the intent to sexually molest, arouse, or gratify any person. See § 18.2-67.10(6) for more specificity.
  • This crime is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
  • This offense is a “sexually violent offense” and carries a lifetime sex offender registration requirement.

Carnal Knowledge of Child Between Thirteen and Fifteen Years of Age

If you have been charged in Virginia with the crime of Carnal knowledge of child between thirteen and fifteen years of age (§ 18.2-63), then it is being alleged that you carnally knew, without the use of force, a child thirteen years of age or older but under fifteen years of age.

  • “Carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.
  • Depending upon age differences and whether the child consented, this offense can be graded as Class 4 felony, Class 6 felony, or Class 4 misdemeanor.
  • The penalties range from a fine of not more than $250 to a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $100,000.
  • This offense carries a sex offender registration requirement. If you were more than five years older than the child, the offense is deemed a “sexually violent offense” and carries a lifetime sex offender registration requirement.

Other Virginia Sexual Crimes

Each of Virginia’s sex offense statutes has a unique set of elements that distinguish it from every other statute, i.e., penetration, lascivious intent, etc. It is the requirement that each and every element of an offense be proven beyond a reasonable doubt that allows an experienced sex crimes attorney to launch a technical defense. If you have been accused of committing any of the additional crimes shown below, Premier Defense Group can help.

§ 18.2-370 Taking indecent liberties with children18.2-67.2 Object sexual penetration
§ 18.2-67.4:2 Sexual abuse of a child under 15 years of age§ 18.2-361 Crimes against nature

Importance of an Experienced Sex Crimes Attorney

Cases involving alleged sex crimes present inherent, and sometimes unique challenges that an attorney should be experienced with. Virginia law contains numerous legal statutes that are used prevalently in cases involving crimes of a sexual nature, particularly those involving minors. These exceptions are strong tools for Virginia prosecutors.

These legal exceptions are known generally as:

  • “Rape shield law” (§ 18.2-67.7);
  • “Prior sexual acts” (Va. Sup. Ct. R. 2:404);
  • “Evidence of similar crimes in child sexual offense cases” (§ 18.2-67.7:1);
  • “Recent complaint of sexual assault” (§ 19.2-268.2, see also Wilson v. Commonwealth, 46 Va. App. 73); and,
  • “Multiple ‘victim’ merger” (Rule 3A:6(b), See Minor v. Commonwealth, 267 Va. 166, 591 S.E.2d 61).

Contact Us for a Free Consultation

Whether you have been charged with a misdemeanor sex offense in Virginia or a serious felony offense involving either a child or adult, a conviction for any of these offenses could carry a lengthy prison sentence as well as sex offender registration requirements.

If you have been contacted by police, believe that you are under investigation, or simply believe that you are being accused, please call 800-993-0632 or use our contact form. Our phone is answered 24 hours a day, 7 days a week.