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Aggravated Sexual Battery

Understanding Virginia's Aggravated Sexual Battery Crime and Penalties

Aggravated sexual battery is a severe crime under Virginia law, carrying heavy penalties for those convicted. This comprehensive guide will provide you with valuable information on the crime itself, its legal definition, potential defenses, and the consequences you may face if found guilty.

What Constitutes Aggravated Sexual Battery in Virginia

According to Virginia Code § 18.2-67.3, aggravated sexual battery occurs when an individual sexually abuses another person, and certain aggravating factors are present. These factors include:

  1. The victim is under 13 years of age, OR;
  2. The offender is a parent, step-parent, grandparent, or step-grandparent of the victim AND the victim is between 13 and 17 years old, OR;
  3. The victim is physically or mentally incapacitated, OR;
  4. The offender uses force, threats, or intimidation to commit the offense AND the victim is 13 to 15 years old.

Defining Sexual Abuse

Sexual abuse is defined as an act committed with the intent to sexually molest, arouse, or gratify any person. It includes touching the victim's intimate parts or forcing the victim to touch the offender's intimate parts, either directly or through clothing.  If sexual or anal intercourse occurs, that is a different charge.

Penalties for Aggravated Sexual Battery

Aggravated sexual battery is classified as a felony offense in Virginia. If convicted, an individual may face the following penalties:

It is crucial to understand that these penalties can have long-lasting effects on your life, including difficulties finding employment, housing, and maintaining relationships.

Potential Defenses Against Aggravated Sexual Battery Charges

The specific defense strategy for an aggravated sexual battery case will depend on the unique circumstances surrounding the alleged crime. However, some common defense strategies include:

  • Consent: Arguing that the alleged victim consented to the sexual contact
  • Mistaken identity: Asserting that the defendant was not the individual who committed the crime
  • Insufficient evidence: Demonstrating that the prosecution's evidence is not sufficient to prove guilt beyond a reasonable doubt

It is essential to consult with an experienced criminal defense attorney to assess your case and develop an appropriate defense strategy.

Steps to Take If You Are Charged with Aggravated Sexual Battery

If you or a loved one has been charged with aggravated sexual battery, it is essential to take immediate action to protect your rights and build a strong defense. The following steps are crucial:

  1. Exercise your right to remain silent: Do not discuss the case with law enforcement or anyone else without the presence of an attorney.
  2. Hire an experienced criminal defense attorney: Retain legal counsel with a proven track record in defending clients against sexual battery charges.
  3. Gather evidence: Work with your attorney to collect evidence that supports your defense, such as witness statements, video footage, or medical records.
  4. Develop a defense strategy: Collaborate with your attorney to develop a strong and effective defense strategy tailored to your specific case.


Aggravated sexual battery is a serious crime in Virginia, with severe penalties and long-term consequences for those convicted. Understanding the legal definition, potential defenses, and the steps to take when charged with this offense is crucial. If you or a loved one is facing aggravated sexual battery charges, it is imperative to consult with an experienced criminal defense attorney as soon as possible. A skilled attorney can help you navigate the complex legal process, protect your rights, and develop a robust defense strategy tailored to your specific situation. Remember, your choice of legal representation can have a significant impact on the outcome of your case. Act quickly to give yourself the best possible chance of a favorable outcome.

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