Virginia Beach Marital Rape Laws 18.2-61

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Marital Rape Laws Charge – Virginia Beach Lawyers

There are many different penalties for a Marital Rape Laws charge in Virginia.

If you are dealing with a Marital Rape in Virginia, contact our law firm immediately for help.

Marital Rape Laws Defense In Virginia Beach

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Jackson v. Commonwealth

Facts:

Defendant contested his conviction of marital rape. The court reversed the conviction and found that the evidence was not sufficient to establish beyond a reasonable doubt the three elements necessary to sustain a conviction for marital rape. The court found that the evidence showed that the victim lived separate and apart from her husband, and that she refrained from voluntary sexual intercourse with defendant.

If you are facing a criminal case in Virginia Beach, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In a case of marital rape, the prosecution, in addition to establishing a violation of the general rape statute, Va. Code Ann. § 18.2-61, must prove beyond a reasonable doubt that the wife unilaterally had revoked her implied consent to marital intercourse. The wife’s revocation of consent must be demonstrated by a manifest intent to terminate the marital relationship. The facts necessary to show this intention to terminate must reveal that the wife: has lived separate and apart from the husband; has refrained from voluntary sexual intercourse with her husband; and, in light of all the circumstances, has conducted herself in a manner that establishes a de facto end to the marriage. In this context, de facto means in fact, or actually.
  • A wife can unilaterally revoke her implied consent to marital sex where she has made manifest her intent to terminate the marital relationship by living separate and apart from her husband; refraining from voluntary sexual intercourse with her husband; and, in light of all the circumstances, conducting herself in a manner that establishes a de facto end to the marriage. And, once the implied consent is revoked, even though the parties have not yet obtained a divorce, the husband can be found guilty of raping his wife, if the evidence against him establishes a violation of Va. Code Ann. § 18.2-61.
Marital Rape Laws Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-757-512-5002

Virginia Beach Child Sex Attorney

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Virginia Beach Child Sex Crimes Charge Lawyers

If you need a child sex crimes attorney in Virginia Beach, contact our law firm immediately for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Andrew v. Commonwealth

Facts:

The Circuit Court in Virginia Beach convicted defendant of five charges of computer solicitation for sex with a minor child, in violation of Va. Code Ann. § 18.2-374.3(B). As part of his sentence, defendant was required to register as a sex offender, pursuant to Va. Code Ann. § 9.1-902(A)(2). Defendant appealed.

If you are facing a criminal case in Virginia Beach, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • The proper course in all cases involving statutory construction is to search out and follow the true intent of the legislature, and to adopt that sense of the words which harmonizes best with the context, and promotes in the fullest manner the apparent policy and objects of the legislature.
  • While legislative intent must be gathered from the words used, unreasonable or absurd results must not be reached by too strict adherence to literal interpretation. In addition, statutes in pari materia must be considered together in construing their various material provisions. This requires that the literal meaning of separate provisions, if in apparent conflict, must yield to a reasonable and fair interpretation to be gathered from the context, the subject matter and the reason and spirit of the law. Similarly, a provision of a section of a statute ought not to receive a mere literal interpretation, when it would contravene the intention of the legislature apparent from the other sections and provisions thereof. The courts do not isolate particular words or phrases but rather examine a statute in its entirety. In doing so, the courts have a duty to interpret the several parts of a statute as a consistent and harmonious whole so as to effectuate the legislative goal. Furthermore, where applicable the courts must keep in mind the evil sought to be corrected by the legislature.

Child Sex Crimes Charge – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-757-512-5002

Operation Virginia Beach Prostitution Defense

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Sting Operation Virginia Beach Prostitution Defense

Prostitution Sting Operation – Virginia Beach

Have you been charged with prostitution as a result of a sting operation in Virginia?

Virginia has a number of laws that outlaw prostitution.  If there is an offer of sex for money, this qualifies as prostitution.  Frequently, the police use sting operations in different counties in Virginia to target “Johns” and prostitutes alike.  If you have been charged with prostitution as a result of a sting operation, you are going to need an experienced criminal defense lawyer who has defended numerous prostitution cases.  The prosecutors in Virginia know that they can play hardball with defendants and do not hesitate to do so in court.  If you have been charged with prostitution or solicitation, then you too need an experienced Virginia criminal lawyer to defend you.  Keep in mind that most lawyers will tell you that all you face for a first offense is usually a fine and AIDS testing.  However, if you are like most of our clients, the fine is the least of your concerns.  You are more concerned about your reputation in the community and the prospect of your spouse finding out and possibly even losing your job.  For most of our clients, a mere conviction is a death knell.

Don’t wait to speak with a Virginia attorney if you have been caught in a police sting operation as a result of responding to a classified ad or been flagged down as you drive down the road.

Call the SRIS Law Group Virginia lawyers for help.  Our Virginia attorneys will not back down.  Our Virginia lawyers have the knowledge and skill to aggressively represent you.

Getting the right defense lawyer can make all the difference in your life.

Have You Been Arrested Due to a Sting Operation?

Advertisements for sexual services are often found in the sports section of the newspaper, and sometimes in the classified section. There are also many subtle and not-so-subtle listings on certain Websites, The police frequently initiate “sting operations” by posting classified ads as fake solicitors for sexual services or using decoys to act as prostitutes

Contact the SRIS Law Group immediately.

Call to make an appointment for a free consultation 888-437-7747.

The following is a Virginia law frequently used to charge individuals who have been caught in a sting operation:

Virginia Code 18.2-346. Being a prostitute or prostitution.

A. Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of 18.2-361, or offers to commit adultery, fornication or any act in violation of 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.

Article written by A Sris
Sris Law Group
1-757-512-5002