Crime takes but a moment but justice an eternity. Forcible compulsion; or 2. Incapacity to consent; or 3. If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion and incapacity to consent in which the victim does not expressly or impliedly agree with the actor's conduct. Less then 16 years old; or 2.
In West Virginia, the criminal charge of Sexual abuse- first degree is classified as a Felony. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments. Sexual abuse- first degree is a charge in a total of six other state s. The exact definition, charge type, and potential sentencing of this charge varying state to state.
For the purposes of this section, "release the victim in a safe place" means release of a victim in a place and manner which realistically conveys to the victim that he or she is free from captivity in circumstances and surroundings wherein aid is readily available. In any other prosecution under this article, evidence of specific instances of the victim's prior sexual conduct with the defendant shall be admissible on the issue of consent: Provided, That such evidence heard first out of the presence of the jury is found by the judge to be relevant. In addition to any penalty provided under this article and any restitution, which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this article to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the defendant is convicted, whether or not the victim is considered to have sustained bodily injury. In any prosecution under this article, the court may provide by rule for reasonable limits on the number of interviews to which a victim who is a child who is eleven years old or less must submit for law enforcement or discovery purposes.
West Virginia laws are very specific about sexual abuse and sexual assault. Sexual abuse occurs when a person subjects another person to sexual contact without their consent, and that lack of consent is due to physical force, threat or intimidation. In West Virginia, sexual assault includes sexual intercourse and sexual intrusion. Note: The laws cited below were current as of July West Virginia Legislature.