This law allows courts in Virginia to consider counseling or therapy for spouses involved in certain sexual crimes during preliminary hearings. If probable cause is found, the court may order an assessment of the feasibility and success of such treatment, and with consent, the accused can undergo counseling. Successful completion may lead to the discharge of the accused if it benefits the family and the complainant.
This law applies to preliminary hearings involving sexual crimes against spouses, specifically violations of §§ 18.2-61, 18.2-67.1, and 18.2-67.2.
Yes, if probable cause is found, the court may, with consent, order the accused to complete a designated course of counseling or therapy.
The court reviews a final evaluation and considers the views of the complainant. If appropriate, the court may discharge the accused to promote family stability.
The law states that statements made during counseling or therapy are protected and not used as evidence against the accused in the case.