View attachment 2396712Can anyone smarter than me tell me if this is valid or not?
I saw this user post that same thing once or twice in this thread. I have no idea where they came up with the idea that the perpetrator must be male because the statutes criminalizing incest in Virginia don't even mention the perp's sex. I'm inclined to believe that it is bullshit.
Here is the relevant criminal info for anyone interested. If a criminal proceeding happens, the first crime listed sounds most likely. I listed some other relevant ones below it.
Sexual Crimes
VA ST § 18.2-361(B) - on incest
Any person who performs or causes to be performed cunnilingus... upon his... mother is guilty of a Class 5 felony.
VA ST § 18.2-67.1(A) - on forcible sodomy
An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus... with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and
2. The act is accomplished against the will of the complaining witness... through the use of the complaining witness's mental incapacity or physical helplessness
VA ST § 18.2-61(A) - on rape
If any person has sexual intercourse with a complaining witness,... and such act is accomplished... (ii) through the use of the complaining witness's mental incapacity or physical helplessness... he or she shall be guilty of rape.
Punishment
VA Code Ann. § 18.2-10 - Punishment for conviction of felony; penalty
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
For any felony offense committed... (ii) on or after July 1, 2000, [the court] shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of incarceration of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
