McLean, VA Object Sexual Penetration Lawyer

Lawyer Defending Against Rape and Sexual Assault Charges Involving Objects in McLean, Virginia

Allegations of sex crimes carry a great deal of weight in the criminal justice system. These cases involve strong emotions, and those who are convicted are likely to face severe penalties. Charges of object sexual penetration, which involves the non-consensual penetration of another person using an object, can be especially serious, and people accused of this crime in McLean or the surrounding areas must take immediate steps to secure experienced legal representation and begin crafting a strong defense.

From the moment charges are filed or during a criminal investigation, the attorney at Noorishad Law, P.C. can provide guidance on how to address these accusations. Kaveh Noorishad will fight to protect the constitutional rights of the accused, challenge forensic evidence, and present an alternative narrative grounded in fact. He can help protect a defendant against the lifelong consequences of a sex crime conviction.

What Is Object Sexual Penetration?

Under Virginia law, object sexual penetration involves acts of forcible penetration with an object other than a body part. This offense is similar to rape, in that it involves the use of force, intimidation, or threats and occurs without the victim's consent. A defendant may also face these types of charges if a person could not consent to the act in question because they were physically helpless, intoxicated, or otherwise incapacitated.

How Object Sexual Penetration Differs From Rape and Sexual Assault

Although object sexual penetration is similar to rape, the key difference lies in the method of penetration:

• Rape involves sexual penetration between one person's body part and another's. The same elements of consent apply.
• Sexual assault/battery may involve unwanted touching of a person's genitals or private parts, but it does not involve penetration.
• Object sexual penetration involves penetration with a foreign object.

Accusations of object sexual penetration may arise in medical settings. While the law provides exceptions for penetration performed for valid medical purposes, a doctor or other medical provider could face accusations that they performed a procedure without a person's consent. Other situations where these accusations may arise include childcare settings or situations where the parties had a close or trusted relationship.

Penalties for Object Sexual Penetration in Virginia

A conviction for object sexual penetration is treated with the same severity as rape. It is an unclassified felony, and the penalties vary based on the age of the parties and the circumstances of the alleged offense. In general, a conviction may lead to a sentence ranging from five years to life in prison. However, in cases involving an alleged victim who was younger than 13 years old and an alleged offender who was over 18 years old, a conviction will result in a mandatory life sentence.

In addition to incarceration, a person who is convicted of this offense will face other consequences, including:

• Mandatory registration as a sex offender
• Loss of voting rights and firearm ownership
• A permanent felony record
• Restrictions on employment, housing, and travel
• Potential civil lawsuits from the alleged victim

Possible Defenses Against Object Sexual Penetration Charges

Object sexual penetration cases often involve deeply emotional testimony and forensic evidence, but a number of approaches may be taken by our attorney depending on the facts. These may include:

• Consent: If both parties are adults, and there is evidence suggesting the alleged victim willingly engaged in the conduct, accusations that there was a lack of consent may be contested. However, this defense is not available if the alleged victim is under the age of 13.
• False Allegations: There are a variety of potential motives for false accusations, and our attorney can thoroughly investigate a case to uncover reasons that a person may have lied about what happened.
• Mistaken Identity: In some cases, especially those in which there is a lack of physical evidence, our lawyer may take steps to demonstrate that the wrong person was accused of an offense and show that they did not commit the crime in question.
• Lack of Evidence: Inconsistencies in statements by the victim, a lack of physical injuries, or inconclusive forensic evidence can cast doubt on the accusations against the defendant.
• Alibi: A documented and verifiable alibi can demonstrate that the accused was not present when the offense allegedly occurred.

Contact Our McLean Object Sexual Penetration Defense Lawyer

The stakes are high when a person is facing allegations of object sexual penetration. Time is critical in these cases, and securing the help of a criminal defense attorney early can make a difference. At Noorishad Law, P.C., our attorney fights to protect the rights of clients who have been accused of serious offenses, even in cases that may seem impossible. Get legal help today by contacting us at 703-542-4500 and scheduling your free consultation.