Consent Laws
Virgin Islands

Consent is not specifically defined. However, there is no consent in circumstances when:

• (a) a person’s resistance is prevented by fear of immediate and great bodily harm (Williams v. Virgin Islands, No. CRIM. 2007-0008, 2011 WL 4072738 (V.I. Sept. 12, 2011)); or
• (b) either force, intimidation, or abuse of a position of authority is used to accomplish a sexual act. Francis v. People, No. S.CT.CRIM. 2015-0002, 2015 WL 6460074 (V.I. Oct. 23, 2015); or
• (c) the victim is 13, 14 or 15 years old even if force, intimidation or abuse of a position of authority was not used to accomplish the sexual act. Francis v. People, No. S.CT.CRIM. 2015-0002, 2015 WL 6460074 (V.I. Oct. 23, 2015).

No.

18 years old, unless legally married. 14 V.I.C. § 1702.

Yes, if someone under 18 but over 16 years old has sexual intercourse or commits sodomy with a person who is 13-15 years of age, that person is guilty of rape in the third degree. 14 V.I.C. § 1703.

If someone over 18 years old has sexual intercourse or commits sodomy with a person who is 16-17 years old, and the perpetrator is 5 years or more older than the victim, that person is guilty of rape in the second degree. 14 V.I.C. § 1702.

If someone over 18 years old engages in sexual contact with a person who is 13-15, that person is guilty of unlawful sexual contact in the second degree. 14 V.I.C. § 1709.

No.

Yes, an actor who engages in sexual contact with a person when the other person is unconscious or physically helpless, or that person’s mental defect or incapacity is known to the actor, is guilty of unlawful sexual contact in the first degree. 14 V.I.C. § 1708.

An actor who perpetrates an act of sexual intercourse or sodomy with a person when through idiocy, imbecility or any unsoundness of mind, either temporary or permanent, the person is incapable of giving consent, is guilty of rape in the first degree. 14 V.I.C. § 1701.

Yes, an actor who engages in sexual contact with a person when the other person is unconscious or physically helpless, or that person’s mental defect or incapacity is known to the actor, is guilty of unlawful sexual contact in the first degree. 14 V.I.C. § 1708.

An actor who perpetrates an act of sexual intercourse or sodomy with a person who by reason of mental or physical weakness or immaturity or any bodily ailment, the person does not offer resistance, is guilty of rape in the first degree. 14 V.I.C. § 1701.

Yes, an actor who engages in sexual contact with a person when the other person is unconscious or physically helpless, or that person’s mental defect or incapacity is known to the actor, is guilty of unlawful sexual contact in the first degree. 14 V.I.C. § 1708.

An actor who perpetrates an act of sexual intercourse or sodomy with a person who is, at the time, unconscious of the nature of the act and this is known to the actor is guilty of rape in the first degree. 14 V.I.C. § 1701.

Yes, a person who engages in sexual contact with a person when the other person's ability to consent to or resist the contact has been substantially impaired by an intoxicating, narcotic or anesthetic agent, is guilty of unlawful sexual contact in the first degree. 14 V.I.C. § 1708.

A person who perpetrates an act of sexual intercourse or sodomy with a person when the person’s resistance is prevented by stupor or weakness of mind produced by an intoxicating, narcotic or anesthetic agent, or when the person is known by the defendant to be in such a state of stupor or weakness of mind from any cause is guilty of rape in the first degree. 14 V.I.C. § 1701.

Yes, there are special rules for persons in positions of authority over the victim and for persons residing in the same household of the victim.

• The term “position of authority” includes, but is not 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. 14 V.I.C. § 1700a.
• A person is guilty of aggravated rape in the first degree if they perpetrate an act of sexual intercourse or sodomy with a person who is under 16 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. 14 V.I.C. § 1700.
• A person is guilty of aggravated rape in the second degree if they perpetrate an act of sexual intercourse or sodomy with a person and the perpetrator's position of authority over the victim is used to accomplish the sexual act. 14 V.I.C. § 1700a.
• A person is guilty of unlawful sexual contact in the first degree if they engage in sexual contact with a person who is under 16 years old and resides 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. 14 V.I.C. § 1708.

Yes, if the actor and victim are legally married, spousal consent is an affirmative defense to:

• Aggravated rape in the first degree. 14 V.C.C. § 1700.
• Aggravated rape in the second degree. 14 V.C.C. § 1700a.
• Rape in the first degree. 14 V.C.C. § 1701.
• Rape in the second degree. 14 V.I.C. § 1702.
• Rape in the third degree. 14 V.I.C. § 1703.
• Unlawful sexual contact in the first degree. 14 V.I.C. § 1708.
• Unlawful sexual contact in the second degree. 14 V.I.C. § 1709.

Not specified.