Ages of Consent in North America - United States Virgin Islands (United States)

United States Virgin Islands (United States)

Paraphrasing Virgin Islands Code: V.I.C. § 1700-1709 Virgin Islands Code and appeals records Francis vs. VI NOTE: "mistake of fact as to the victim's age is not a defense". The age of consent is 18. There is however a close in age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.

The code reads as follows:

• § 1700. Aggravated rape in the first degree

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse

• • 1. Who is under the age of thirteen, or...
    2. who is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act; ...
• § 1700a. Aggravated rape in the second degree

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person who is under eighteen years but thirteen years or older and not the perpetrator's spouse, or by force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act, is guilty of aggravated rape in the second degree and shall be imprisoned for life or for any term in years, but not less than 10 years. “Position of authority” shall include, but not be exclusive to the following: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, baby sitter, or substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor. ...

• § 1702. Rape in the second degree

(a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years.

• § 1703. Rape in the third degree

Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court

• § 1708. Unlawful sexual contact in the first degree

A person who engages in sexual contact with a person not the perpetrator's spouse— (1) when force or coercion is used to accomplish the sexual contact; (2) when the other person is under thirteen years of age; (3) when the other person is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation or the perpetrator's position of authority over the victim is used to accomplish the sexual contact;

• § 1709. Unlawful sexual contact in the second degree

A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year.