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Sexual Battery

Virginia Beach Sexual Battery Attorney

Fiercely Defending the Accused Since 1982

Sexual battery is a category of sex-related crimes in Virginia that involves compelling a victim to engage in sexual contact against their will, including sexual assault, rape, indecent assault, and sodomy. All types of sexual battery are serious crimes and can carry harsh penalties upon conviction, including prison time, expensive fines, and mandatory sex offender registration.

If you have been arrested for sexual battery, or have merely been accused, it is imperative you retain the services of a powerful criminal defense team to protect your rights and minimize your chances of conviction. At McCormack & McCormack, our high-caliber Virginia Beach sex crime lawyers can aggressively defend you against your sexual battery charges and minimize your chances of conviction.


Call (888) 490-0876 or schedule a no-cost consultation to discuss your charges.


What Is Sexual Battery in Virginia?

Under Virginia Statute 18.2-67.10, sexual battery is defined as touching of another person’s intimate parts or clothing covering those parts through the use of force, threat, intimidation, or trickery. Unwanted sexual conduct without the use of violence such as inappropriately slapping someone on the buttocks or groping a person without their consent can be charged as Class 1 misdemeanor non-aggravated sexual battery, carrying up to one year in jail and fines up to $2,500. In certain severe circumstances, however, these charges can escalate to aggravated sexual battery and carry up to 20 years in prison and up to $100,000 in fines.

Sexual battery can be escalated to aggravated sexual battery if:

  1. The victim is under 13 years of age
  2. The victim is mentally or physically disabled
  3. The victim is a teenager who is abused by a parent, grandparent, or step-grandparent
  4. The sexual abuse involves force, threat, or intimidation against a victim age 13 or 14; the victim suffers serious bodily or mental injury; or the accused threatens to use a dangerous weapon

Special felony special battery can be charged if a person intentionally attempts to infect another person with a sexually transmitted disease, such as HIV, syphilis, or hepatitis B. A conviction of infected sexual battery can carry up to five years in prison and $2,500 in fines.

Penalties for Repeat Offenders

Sexual battery and attempted sexual battery charges can be escalated to felony status in the event that an accused individual has two or more previous convictions for either charge within the past 10 years. Convictions for consensual sex with a child or indecent exposure will also count towards this rule for sentencing purposes.

Likewise, repeat offenders and individuals convicted of aggravated sexual battery or attempted aggravated sexual battery can be required to register as sex offenders, which makes their criminal record known to the public and places limits on where they can legally live and work. Violent sexual offenses often require lifetime registration and can permanently tarnish a person’s reputation.

Possible Defenses to Sexual Battery Charges

Depending on the circumstances surrounding your charges, our firm’s attorneys may be able to employ a number of strategies in your defense. No matter how severe your situation may appear to be, we are prepared to go the distance and explore every opportunity to secure a reduction or dismissal of your charges on your behalf.

Common sexual battery defense strategies include:

  • Consent: Did the alleged victim consent to the sexual act or fail to make their objection known to you? Consent defenses are only valid if the victim intelligently, knowingly, and voluntarily consent to the act. In other words, a person cannot consent to any form of sexual contact if they are underage, unknowingly drugged, or intoxicated. Failing to resist is not deemed consent.
  • False Allegations: It is not uncommon for a person to bring false allegations of sexual battery against a person out of jealousy, manipulation, or even mental illness. Our attorneys can search for inconsistencies in your accuser’s statements and thoroughly examine their potential motives to determine if their accusations are unfounded.

Your Future Is in Jeopardy – Contact Us Today

Your chances of securing a favorable result are only as good as the defense team in your corner. At McCormack & McCormack, our Virginia Beach sex crime lawyers understand what is at stake and are prepared to do whatever is necessary to help you get through this difficult time with your freedom and reputation intact. Backed by numerous positive client testimonials and a proven history of success, we have what it takes to exploit weaknesses in the prosecution’s claims and ensure your rights are protected. Do not make the mistake of leaving your case in the hands of a less-experienced public defender. Let us provide the attentive support and compelling legal care you need.

Get in touch with our office today to get started towards building your defense.

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Contact Our Virginia Beach Criminal Defense Lawyers

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