GUILTY VA - IH, 14, taken by mothers ex-bf, Bruce Lynch, 34, Bumpass, Louisa County, 21 Oct 2019

Hypothetically speaking and if additional charges are brought would it be considered sexual assault or statutory rape? How does the law distinguish between the two or can one be charged for both? TIA

These days statutory rape often specifies an age difference between the two parties. I.e. the victim was under 18 but over 15 and the offender was no more than 5 years older than the victim.

If it’s an adult it’s usually just rape of a child or sexual assault.

We have less tolerance for adult predators but more flexibility for wayward teens.
 
‘This is a criminal investigation’: Isabel Hicks kidnap suspect due in court Friday morning

According to local news outlets , Lynch had a 9 a.m. court appearance in Louisa County on Friday.

#HAPPENINGTODAY: A court clerk tells me 33-year-old Bruce Lynch will be arraigned in court this morning at 9 a.m. in Louisa. We’re told 14-year-old IH is at home safe with her family this morning. @8NEWS pic.twitter.com/E8AcrX2dwJ

— Delaney Hall 8News (@DelaneyHallTV) November 1, 2019

As WIRC reports, it is not clear what or how many charges the suspect now faces.

“It’s now a criminal investigation that involves a juvenile so there’s a new set of rules that actually apply here, so we’re not trying to hide anything from you, but we have to be very, very careful about what we can disclose,” Louisa Co. Sheriff’s Major Donnie Lowe said at the news conference, according to NBC 12.
 
Hypothetically speaking and if additional charges are brought would it be considered sexual assault or statutory rape? How does the law distinguish between the two or can one be charged for both? TIA

They can be charged with both. Because both can occur to the same victim. The difference is if sexual contact is with force or not (in regards to a child her age).

The sentence for statutory rape would be 2 to 10 years and would likely run concurrently with any kidnapping charge.
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age

Inexplicably, the charge for sexual abuse of a minor between the ages of 13 to 15 appears to be a misdemeanor charge only. So a person who merely touches a child that age in a sexual manner can only get up to a year in jail.
§ 18.2-67.10. General definitions

Rape however would be 15 years to life.
§ 18.2-61. Rape
 
These days statutory rape often specifies an age difference between the two parties. I.e. the victim was under 18 but over 15 and the offender was no more than 5 years older than the victim.

If it’s an adult it’s usually just rape of a child or sexual assault.

We have less tolerance for adult predators but more flexibility for wayward teens.

Yes! I checked in VA and they have a so-called Romeo and Juliet provision there too.
 
From the article above

Lynch is scheduled to appear in court again on Nov. 22 for a bond status hearing, that’s also when a date for a preliminary hearing will be set. No bond was set Friday morning, as he is considered a flight risk.
 
No worries ^ IH may take some time to reveal the exact nature of their "relationship" and time on the run. So much for a young girl to process. I wish her well with the tough road ahead.
 
§ 18.2-10. Punishment for conviction of felony; penalty

e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
 

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