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What is forcible sodomy when charged with sex offenses?

Any Virginia resident who is confronted with rape, child molestation or any other allegation related to sex crimes should know that the legal penalties are harsh. These criminal allegations go beyond the possibility of jail time, fines and the need to register as a sex offender. It can impact a person's life forever and prevent them from getting certain types of employment, being admitted to a school and even living in a preferred location. These charges are serious and when there is an arrest it is important to know how to present a defense.

One sex-related offense that will lead to charges is forcible sodomy. When a person does any of the following - anal intercourse, cunnilingus, fellatio or anilingus - and it is against the other person's will, it can lead to charges. This is true whether it was the person's spouse or not. For charges, the previously listed acts must occur, along with the complainant either being younger than 13 or it being done without the other person's consent via intimidation, force, threat or because of the person's incapacity or due to physical helplessness.

If there is a conviction for forcible sodomy, the person can face a life sentence. There will be a jail sentence for a minimum of five years. When the accused is older than the victim by more than three years, the victim is younger than 13 and the act is done during an abduction, burglary or entering a dwelling to commit rape, violence or malicious wounding as part of a plot, there will be a minimum sentence of 25 years. If the accused is 18 or older, there will be a mandatory life sentence. Any separate jail sentences will be served consecutively.

If the allegations are against a spouse, therapy or counseling could warrant a suspended sentence. For those who have not had other such allegations against them and the act was committed against a spouse, therapy or counseling is also possible. With the stigma of sex crimes - especially those that accompany allegations of forcible sodomy - it can be difficult to craft an effective defense. Getting the right information about sex offenses is imperative to formulate a defense against criminal allegations.

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Manassas, VA 20110

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