A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (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 under age 13 as the victim, he or she shall be guilty of rape.
B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition:
1. For a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or
2. For a violation of clause (iii) of subsection A where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.
The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.
There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1982, c. 506; 1986, c. 516; 1994, cc. 339, 772, 794; 1997, c. 330; 1999, c. 367; 2002, cc. 810, 818; 2005, c. 631; 2006, cc. 853, 914; 2012, cc. 575, 605; 2013, cc. 761, 774.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 4 - Crimes Against the Person
§ 18.2-30. Murder and manslaughter declared felonies
§ 18.2-31. Aggravated murder defined; punishment
§ 18.2-32. First and second degree murder defined; punishment
§ 18.2-32.1. Murder of a pregnant woman; penalty
§ 18.2-32.2. Killing a fetus; penalty
§ 18.2-32.3. Human infant; independent and separate existence
§ 18.2-33. Felony homicide defined; punishment
§ 18.2-35. How voluntary manslaughter punished
§ 18.2-36. How involuntary manslaughter punished
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth
§ 18.2-37.1. Certain matters not to constitute defenses
§ 18.2-40. Lynching deemed murder
§ 18.2-41. Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
§ 18.2-42. Assault or battery by mob
§ 18.2-42.1. Acts of violence by mob
§ 18.2-43. Apprehension and prosecution of participants in lynching
§ 18.2-44. Civil liability for lynching
§ 18.2-45. Persons suffering death from mob attempting to lynch another person
§ 18.2-46.2. Prohibited criminal street gang participation; penalty
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty
§ 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
§ 18.2-46.7. Act of bioterrorism against agricultural crops or animals; penalty
§ 18.2-46.10. Violation of sections within article separate and distinct offenses
§ 18.2-47. Abduction and kidnapping defined; punishment
§ 18.2-48. Abduction with intent to extort money or for immoral purpose
§ 18.2-48.1. Abduction by prisoners or committed persons; penalty
§ 18.2-49. Threatening, attempting, or assisting in such abduction; penalty
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty
§ 18.2-50. Disclosure of information and assistance to law-enforcement officers required
§ 18.2-50.2. Emergency control of telephone service in hostage or barricaded person situation
§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
§ 18.2-51.2. Aggravated malicious wounding; penalty
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
§ 18.2-51.6. Strangulation of another; penalty
§ 18.2-51.7. Female genital mutilation; penalty
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties
§ 18.2-52.2. Animal attack resulting from owner's disregard for human life; penalty
§ 18.2-53. Shooting, etc., in committing or attempting a felony
§ 18.2-53.1. Use or display of firearm in committing felony
§ 18.2-54. Conviction of lesser offenses under certain indictments
§ 18.2-54.1. Attempts to poison
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
§ 18.2-56.2. Allowing access to firearms by children; penalty
§ 18.2-57. Assault and battery; penalty
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty
§ 18.2-57.2. Assault and battery against a family or household member; penalty
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives
§ 18.2-57.5. Certain matters not to constitute defenses
§ 18.2-58.1. Carjacking; penalty
§ 18.2-59. Extortion of money, property or pecuniary benefit
§ 18.2-60.1. Threatening the Governor or his immediate family
§ 18.2-60.2. Members of the Governor's immediate family
§ 18.2-60.3. Stalking; penalty
§ 18.2-60.4. Violation of protective orders; penalty
§ 18.2-60.5. Unauthorized use of electronic tracking device; penalty
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age
§ 18.2-64.1. Carnal knowledge of certain minors
§ 18.2-67.2. Object sexual penetration; penalty
§ 18.2-67.3. Aggravated sexual battery; penalty
§ 18.2-67.4:1. Infected sexual battery; penalty
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
§ 18.2-67.6. Proof of physical resistance not required
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
§ 18.2-67.8. Closed preliminary hearings
§ 18.2-67.9. Testimony by child victims and witnesses using two-way closed-circuit television
§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding
§ 18.2-67.10. General definitions
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty
§ 18.2-71.1. Partial birth infanticide; penalty
§ 18.2-72. When abortion lawful during first trimester of pregnancy
§ 18.2-73. When abortion lawful during second trimester of pregnancy
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman
§ 18.2-76. Informed written consent required