Legal Question in Criminal Law in Virginia

Re: Sexual ''Assault''

I don't quite understand your question.

As far as pregnancy, this would not legally change anything except in terms of proving that the sex did, in fact, take place.

It might inflame people's emotions about it, but it does not make a difference legally, that I am aware of.

Sex with a 17 year old girl is not statutory rape, because she is older than 16.

The minimum age of consent in Virginia is 16.

That means she CAN give legally-effective consent at 17.

So it is NOT automatically assault or rape based upon a minor being unable to give her consent.

However, it would still be contributing to the delinquency of a minor, which is a crime, probably a misdemeanor.

But you talk about sexual "assault"

Is the charge one of NON-consensual assault or consensual sex with a minor?

If there are formal charges, then it may be charged incorrectly and therefore defective.

If the sex was consensual, it would only be contributing to the delinquency of a minor.

NOTE: It would be important to get the girl's story clear before pressure or emotions or regret causes her to change her story.