Virginia has a lot of laws, and many of them can often be considered rather strange. However, the fact of the matter is that most of the laws do make sense. A common question that is often asked regarding the laws in Virginia is whether or not having phone sex with a minor would be considered statutory rape, since there is no actual physical contact happening and all of the sexual acts that are taking place are being done over a safe medium where the minor is not in any physical danger.
To start off with, any sex acts that are committed by an adult to a minor are most certainly a moral transgression. These moral qualms are what lead to the creation of these laws in the first place, and this is probably why so many people tend to support the existence of these laws in the first place. The reason that phone sex is not an exception is because of the fact that there is still a sexual dynamic that exists between the two parties, and adults simply cannot have a relationship with a minor that is completely consensual in every single way.
This is because of the fact that minors don’t have the mental maturity to understand what they are getting into, and since they are not adults yet they are not going to understand a lot of the things that their adult partners are going to be doing which can lead to some really toxic relationship dynamics if you are not extremely careful. The important thing to remember here is that phone sex is the sort of intimacy that simply cannot be denied even if physical sex was not occurring, so the moral transgression is still being committed.
All of that being said, the whole question is moot when you consider the fact that phone sex is in and of itself considered a crime in the state of Virginia. While it is true that you are probably not going to be arrested and prosecuted for phone sex in this day and age, when you are performing this act with a minor you are definitely going to be prosecuted to the fullest extent of the law.
However, the charges are not going to be statutory rape, because for this you are going to have to make physical contact with the minor in question. The charges are instead going to be closer to something like solicitation of a minor, lewd behavior with a minor or something in this vein. Even though the charges are not going to be statutory rape, you are still going to end up getting a pretty hefty prison sentence because the phone sex charge is going to apply in and of itself, thus making it so that you are not going to get a lot of opportunities to defend yourself at all if you end up participating in this kind of activity.
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