VA's laws on the topic are quite interesting and somewhat confusing and contradictory.
For instance, it definitely states that sexual intercourse with any person under age 13 is rape. There is no "consensual" provision. It's black and white. Why? 13 and under are children. That's not up for debate. There is no gray area.
As for age of consent, well that's complicated...
*§ 18.2-370. Taking indecent liberties with children; penalties.
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony
[list of various sexual acts]*
So it would appear that for sexual intercourse, the age of 15 is the age of consent. Under 15, it's a felony.
18.2-370 appears to be dealing with other circumstances, for example the creation of "delinquency" and the factor of whether it's between a spouse not. One reading would be that if a 45 year old is married to a 16 year old, they can legally have consentual sex, BUT if they aren't married then they can't. Interesting practical way of attempting to permit "gray" areas of age, yet age still being arbitrary... why is age an issue when not married, but not an issue when married? Also begs the question, if the guy does end up marrying the 17 year old, does that not achieve what the law aims to accomplish, i.e. protect the sanctity of marriage and sexual consent?
Another interesting VA statue, seemingly rarely enforced:
§ 18.2-365. Adultery defined; penalty.
Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.
And Xiden better watch himself with the kissing... if that tongue of his penetrates... 😳
§ 18.2-370.6. Penetration of mouth of child with lascivious intent; penalty.
Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor.
VA's laws on the topic are quite interesting and somewhat confusing and contradictory.
For instance, it definitely states that sexual intercourse with any person under age 13 is rape. There is no "consensual" provision. It's black and white. Why? 13 and under are children. That's not up for debate. There is no gray area.
As for age of consent, well that's complicated...
*§ 18.2-370. Taking indecent liberties with children; penalties. A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony
[list of various sexual acts]*
So it would appear that for sexual intercourse, the age of 15 is the age of consent. Under 15, it's a felony.
18.2-370 appears to be dealing with other circumstances, for example the creation of "delinquency" and the factor of whether it's between a spouse not. One reading would be that if a 45 year old is married to a 16 year old, they can legally have consentual sex, BUT if they aren't married then they can't. Interesting practical way of attempting to permit "gray" areas of age, yet age still being arbitrary... why is age an issue when not married, but not an issue when married? Also begs the question, if the guy does end up marrying the 17 year old, does that not achieve what the law aims to accomplish, i.e. protect the sanctity of marriage and sexual consent?
Another interesting VA statue, seemingly rarely enforced:
§ 18.2-365. Adultery defined; penalty. Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.
And Xiden better watch himself with the kissing... if that tongue of his penetrates... 😳
§ 18.2-370.6. Penetration of mouth of child with lascivious intent; penalty. Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor.