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  1. #1
    Join Date
    Dec 2005
    Location
    virginia
    Posts
    7

    Default Carnal knowledge

    my 19yr old son is being charged with carnal knowledge, is this the same as statutory rape/ and if the girls were willing does it help his case in court if they testify for him/

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Virginia - Carnal Knowledge

    You mean, under this statute:
    Quote Quoting Virginia Code ยง 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.
    If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.

    However, if such child is thirteen years of age or older but under fifteen years of age and consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.

    In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.

    For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.
    If that's the statute, consent potentially reduces the degree of the offense, but won't make the charge go away.

  3. #3
    Join Date
    Dec 2005
    Location
    virginia
    Posts
    7

    Default carnal knowledge

    thank you..now do you know what kind of penalty or jail time this holds, although i dread knowing this information. this is killing us. and do you know of any good defenses to maybe get the charged reduced here in virginia/

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Carnal Knowledge Charge

    Your son would benefit from the help of a criminal defense lawyer who is familiar with this type of charge, and (if the state's sex offender registration laws apply to this offense) who may be able to work out a plea deal which avoids your son's having to register as a sex offender.

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