It is not the intent of the Legislature that the information be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal. Any person having a duty to register for a qualifying offense shall register upon conviction, unless that person is confined or incarcerated, in which case he or she shall register within three business days of release, transfer, or other change in disposition status.
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The intent of the West Virginia Sex Offender Registration Act is to assist law enforcement agencies in their effort to protect the public from sex offenders by requiring sex offenders to register with the State Police Detachment in the county where they reside, and by making certain information about sex offenders available to the public. The West Virginia Legislature has declared that there is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses in order to adequately protect themselves and their children from these persons. The Act is intended to be regulatory in nature, and not penal. This information is provided in the interest of public safety and should be used only in order to take appropriate precautions.
By Jessica Gillespie. In West Virginia, it is illegal for an adult someone 18 or older to have sex with a minor who is younger than 16, even if the sex is consensual. Those who break the law have committed statutory rape.
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For the purposes of this section, "release the victim in a safe place" means release of a victim in a place and manner which realistically conveys to the victim that he or she is free from captivity in circumstances and surroundings wherein aid is readily available. In any other prosecution under this article, evidence of specific instances of the victim's prior sexual conduct with the defendant shall be admissible on the issue of consent: Provided, That such evidence heard first out of the presence of the jury is found by the judge to be relevant. In addition to any penalty provided under this article and any restitution, which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this article to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the defendant is convicted, whether or not the victim is considered to have sustained bodily injury.