Virginia dating laws
This is because West Virginia has a marital exemption to the West Virginia statutory rape laws. Statutory rape laws make minors legally incapable of giving consent to sexual activities.
However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law, even if the two are married. Therefore even if the minor “consented,” the sexual activity was nonetheless illegal and the defendant may be convicted of rape, unless the a “Romeo and Juliet” exception applies.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
While sodomy laws are no longer considered valid, other types of sexual activities are considered illegal in Virginia.
Indecent Exposure In Virginia Another class of consensual sexual activity that Virginia prohibits is indecent exposure.
Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
Their incapacity is written into the statute—hence the term “statutory” rape.If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.