What Is the Statute of Limitations for Rape in West Virigina?

First Degree Sexual Assault

Sexual assault in the first degree is the most serious classification. To be convicted of first degree sexual assault, the offender must have engaged in sexual intercourse or sexual intrusion, as well as seriously harmed the victim or employed a deadly weapon during the assault. This charge also applies in cases in which a person over 14 years old has forcible intercourse with someone 12 years old or younger. As a felony, there is no statute of limitations for this crime in West Virginia. This charge carries a sentence of 15 to 35 years in jail.

If a person has non-consensual intercourse with someone who is physically helpless or who is forcibly compelled to submit, the assailant may be charged with second degree sexual assault. This felony charge carries a sentence of 10 to 25 year in prison and has no statute of limitations.

The charge of third degree sexual assault is used when the victim is mentally incapacitated or mentally defective, or when the victim is under 16 years old and at least 4 years younger than the perpetrator. The perpetrator in the latter situation must be over 16, and the victim and person assaulting her must not be married. This is a felony charge with no statute of limitations and carries a sentence of 1 to 5 years in jail.

In West Virginia law, sexual abuse refers to any non-consensual sexual contact up to, but not including, intercourse. First degree sexual abuse entails forced sexual contact with a person who is physically helpless or forcibly compelled, or who is under 12 years of age when the attacker is older than 14. This is a felony charge with a penalty of 1 to 5 years in a state correctional facility. First degree sexual abuse does not have a statute of limitations and may be prosecuted at any time.

Sexual abuse in the second degree applies when the victim is mentally defective or mentally incapacitated. This charge is a misdemeanor and may only be prosecuted within one year from the date the offense occurs. If convicted, the offender faces up to 12 months in jail.

Third degree sexual abuse is typically referred to as statutory rape. This charge covers any sexual contact between a person under 16 years old and a person older than 16 and at least 4 years older than the victim. A person under 16 is not legally able to consent to sexual actions. This charge is a misdemeanor and carries a maximum sentence of 90 days in county jail. As a misdemeanor, third degree sexual abuse may only be prosecuted within one year after the crime occurred.