Statutory Rape
Defending Against Statutory Rape Charges in Monongalia County, WV
Frank Walker Law – Expert Criminal Defense for Serious Charges
Being charged with statutory rape in Monongalia County, West Virginia is an extremely serious matter. The consequences of a conviction can include long-term jail sentences, mandatory sex offender registration, and permanent damage to your reputation and personal life. If you have been accused of statutory rape, it is critical that you seek experienced and skilled legal representation immediately.
At Frank Walker Law, we specialize in defending individuals facing serious criminal charges, including statutory rape. Attorney Frank Walker has extensive experience defending clients against sex crime allegations in Monongalia County and throughout West Virginia. He understands the complexities of these cases and will work tirelessly to protect your rights and defend you against charges that could have devastating consequences.
What is Statutory Rape Under West Virginia Law?
In West Virginia, statutory rape is typically charged under West Virginia Code § 61-8B-3, which makes it a crime for an adult to engage in sexual intercourse or sexual intrusion with a minor who is under the age of consent, which is 16 years old in West Virginia. The law applies regardless of whether the minor consents to the act, meaning that even if the minor willingly participates, an adult can still be charged with statutory rape.
Key points about statutory rape charges in West Virginia:
Age of consent in West Virginia is 16. If the minor is under this age, any sexual activity is considered statutory rape if the defendant is 18 or older.
A charge of statutory rape can be first-degree sexual assault, which is a felony offense with severe penalties.
Statutory rape charges may also result in mandatory registration as a sex offender and other collateral consequences.
A conviction for statutory rape is a felony, and if found guilty, the penalties can include lengthy prison sentences and long-term sex offender registration.
Defending Against Statutory Rape Charges in Monongalia County, WV
If you have been charged with statutory rape, it's important to remember that there are several potential defense strategies that can be used to challenge the prosecution's case. At Frank Walker Law, we will thoroughly investigate the facts of your case and develop a customized defense strategy tailored to your situation. Here are some possible defense options we may use:
1. Disputing the Age of the Minor
In many cases, the primary issue in a statutory rape case is the age of the alleged victim. The state law makes clear that the victim must be under the age of 16 for the defendant to be charged with statutory rape. If the minor in question was 16 years old or older at the time of the alleged incident, the charge may not apply.
We will carefully investigate the age of the minor to determine whether they were under 16. This could involve reviewing birth records, statements from witnesses, or other evidence that confirms the minor’s true age.
2. Lack of Sexual Activity
In some cases, the accusation of statutory rape may be based on a false allegation or misunderstanding. If no sexual intercourse or sexual acts took place, or if the sexual activity was not what was alleged, we may be able to demonstrate that there is insufficient evidence to support the charges. We will closely examine any physical evidence, including forensic analysis or eyewitness accounts, to challenge the claim of sexual activity.
3. Mistaken Identity
In some cases, a person may be falsely accused of statutory rape due to mistaken identity or other misunderstandings. If you were misidentified as the perpetrator, we will work to uncover the truth. We may conduct an investigation to confirm that you were not involved in the alleged act and that you are being wrongfully accused.
4. Consent or Mutual Participation
Although consent is not a valid defense for statutory rape in West Virginia (because the law does not allow minors under the age of 16 to consent to sexual activity), mutual participation in a sexual act may be considered. If the minor lied about their age and falsely represented themselves as older, this could be a factor in the case.
However, it’s important to note that even if the minor consented to the act, the law still considers the activity illegal if the minor is under the age of consent. Still, we will carefully assess all the facts and surrounding circumstances to challenge any inaccurate allegations.
5. Lack of Knowledge of the Minor’s Age
In some cases, the defendant may not have known the minor's age at the time of the alleged encounter. Although this is not a full defense under West Virginia law (the law does not require the defendant to have known the victim's age), it may be a factor in mitigating the seriousness of the offense. If we can show that you did not know the minor’s age and there was no reasonable way for you to know, it could have an impact on the case.
Penalties for Statutory Rape Conviction in West Virginia
If you are convicted of statutory rape in Monongalia County, you could face severe penalties. These may include:
Imprisonment: A conviction for statutory rape can result in a sentence of up to 25 years in prison, depending on the circumstances and the nature of the charge.
Sex Offender Registration: Convictions for statutory rape in West Virginia typically require the offender to register as a sex offender for life. This registration requirement can significantly impact your personal and professional life.
Fines: You may also face substantial fines as part of your sentence.
Loss of Rights: A conviction can lead to the loss of certain rights, such as the right to possess firearms.
Permanent Criminal Record: A conviction will leave you with a permanent criminal record, which can impact future employment opportunities, housing applications, and other aspects of your life.
Why Choose Frank Walker Law?
When facing serious charges like statutory rape, it is crucial to have an experienced and dedicated criminal defense attorney by your side. At Frank Walker Law, we provide aggressive and strategic legal representation to protect your rights and your future.
Frank Walker has extensive experience handling sex crime cases in Monongalia County and throughout West Virginia. He has a proven track record of defending clients against serious criminal charges, including statutory rape, and will work tirelessly to ensure you receive the best defense possible.
We understand that every case is unique, and we will provide personalized attention to the specific facts of your case. Our goal is to provide the most effective defense, minimize the potential consequences, and fight for the best possible outcome on your behalf.
Contact Frank Walker Law Today
If you have been charged with statutory rape in Monongalia County, West Virginia, do not wait to seek legal representation. Contact Frank Walker Law today to schedule a consultation with a trusted criminal defense attorney. We will provide a thorough review of your case, discuss your options, and begin building a defense strategy that is tailored to your unique situation.
Call or fill out our online contact form to get started.
Frank Walker Law – Defending Your Rights, Protecting Your Future.