VA. CODE ANN. § 18.2-361.1(b) (2021).

  • It is an affirmative defense to the charge of prostitution if, at the time of the offense leading to such charge, such person was a victim of sex trafficking and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person (other than the individual with whom the person engaged in the acts of prostitution).

VA. CODE ANN. § 16.1-228 (2024).

  • Defines any minor engaged in commercial sex as a victim of child abuse and neglect, requiring intervention from the Department of Social Services instead of criminal prosecution.

VA. CODE ANN. § 19.2-270.6 (1993).

  • Establishes that “relevant evidence of repeated physical and psychological abuse of the accused by the victim” is admissible in any criminal prosecution alleging personal injury or death, subject to the general rules of evidence.

VA. CODE ANN. §16.1-272(a)(5) (2020).

  • The law requires courts that sentence children as adults to consider:
    • The child’s exposure to adverse childhood experiences;
    • The child’s exposure to early childhood trauma;
    • The child’s involvement in child welfare; and
    • The differences between child and adult offenders.

VA. CODE ANN. § 19.4-327.15 – 19.4-327.20.

  • Virginia allows survivors of commercial sex trafficking to petition a court for a writ of vacatur. If successful, the writ of vacatur also entitles the victim to a refund for all fines, costs, forfeitures, and penalties paid in relation to the offense that was vacated.

VA. CODE ANN. §16.1-272(a)(5) (2020).

  • Provides discretion to courts to set aside guilty verdicts for children who were victims of serious crimes explicitly including felonious criminal sexual assault or trafficking, either before or during the commission of the offense for which they were convicted, if the underlying offense was a “direct result” of that victimization.

Additional Resources

VA. CODE ANN. § 9.1-116.4 (2019).

  • The statute provides for the creation of programs to support victims of human trafficking, including minors, but does not specifically shield them from prosecution for prostitution.

Va. S.B. 1292, 2023 GEN. ASSEMB., REG. SESS. (VA. 2023).

  • In 2023, Virginia legislators authorized the development of a pilot program to reduce the arrest of sex trafficking victims as well as establish education and alternative employment alternatives. However, the program is limited to a single county (which remain anonymous) and is scheduled to end on July 1, 2025.