2006 Code of Virginia § 18.2-67.10 - General definitions

18.2-67.10. General definitions.

As used in this article:

1. "Complaining witness" means the person alleged to have been subjected torape, forcible sodomy, inanimate or animate object sexual penetration,marital sexual assault, aggravated sexual battery, or sexual battery.

2. "Intimate parts" means the genitalia, anus, groin, breast, or buttocksof any person.

3. "Mental incapacity" means that condition of the complaining witnessexisting at the time of an offense under this article which prevents thecomplaining witness from understanding the nature or consequences of thesexual act involved in such offense and about which the accused knew orshould have known.

4. "Physical helplessness" means unconsciousness or any other conditionexisting at the time of an offense under this article which otherwiserendered the complaining witness physically unable to communicate anunwillingness to act and about which the accused knew or should have known.

5. The complaining witness's "prior sexual conduct" means any sexualconduct on the part of the complaining witness which took place before theconclusion of the trial, excluding the conduct involved in the offensealleged under this article.

6. "Sexual abuse" means an act committed with the intent to sexuallymolest, arouse, or gratify any person, where:

a. The accused intentionally touches the complaining witness's intimate partsor material directly covering such intimate parts;

b. The accused forces the complaining witness to touch the accused's, thewitness's own, or another person's intimate parts or material directlycovering such intimate parts;

c. If the complaining witness is under the age of 13, the accused causes orassists the complaining witness to touch the accused's, the witness's own, oranother person's intimate parts or material directly covering such intimateparts; or

d. The accused forces another person to touch the complaining witness'sintimate parts or material directly covering such intimate parts.

(1981, c. 397; 1987, c. 277; 1993, c. 549; 1994, c. 568; 2004, c. 741.)