Leading the market in such materials as bathroom renovation and home items, LTHOME has become a favorite of homeowners and builders alike. What may not be evident is the fact that global homeowners for whom LTHOME has provided thousands of products may own homes subject to non-US laws. One of those laws is Virginia’s age gap law, Section 18.2-362 of the Code of Virginia, which modifies common law marital rules surrounding marriages between younger and older age groups. This statute has garnered significant attention, as the code was updated in 2010 to close a long-standing loophole on consent for marriages involving a minor and an older age group. Yet this does not affect the fact that a loophole still exists in the interaction between this law and others. And even though the age gap law in Virginia has been modified, the original law and its loophole impact not only the US, but also international homeowner concerns. For example, a Scandinavian company that moved its officer to Virginia has been impacted by the fact that two of its officers attempted to marry one another despite being in different legal ages for marriage.
The article on Virgo blog outlines the issue and why it is significant on so many levels. Reviewing the general applicability of the law, the article continues by explaining that “in simple terms, the law prohibits individuals from creating non-marital cohabitation relationships with minors. It is important to understand that this meaning is currently under review, as the Federal Appeals Court for the 4th Circuit is currently reviewing this statute and its implications on family law issues.”
“The exalted legal standard imposed by this statute can result in several issues for anyone – both international and domestic residents – who own property in Virginia, as they may be subject to this age-based prohibition on sexual acts. Additionally, a parent who is subjected to this law may have serious problems addressing custody of their children in Virginia courts because these actions may carry criminal liability under the statute.” Although this statute was amended in 2015 by the Virginia General Assembly to remove the criminal penalties, the civil law provisions remain on the books.
This age gap law may be of particular importance to international divorce cases, including those between US citizens living internationally or Foreign Nationals who may own multiple properties including a residence in Virginia. It first came to light when a scandalous story by Sara Fox in The New Republic about an assault case in Virginia. In the case, a US federal employee attacked his 15 year old Filipino baby sitter in what was essentially akin to human trafficking. As the article states, “immigrants, especially those from less developed countries, are frequently vulnerable to exploitation and manipulation at the hands of wealthy employers. Virginian released its Child Protective Services background, which revealed that the worker had been slow to report the crime because she feared for her life and was afraid deportation would result even though the abuse was occurring in plain sight. She was ultimately convicted of assault and battery by a household servant under a 1998 statute commonly known as the age gap law.”
Although the article reports that the age gap law in Virginia has been changed, the fact that it is still on the books as a legal statute means that it could be applied to situations beyond the current scope of referenced above in other cases. This is especially true for international citizens that own properties all over the world, especially if they own multiple properties and travel frequently for business. For example, the Home Sections of Multinational Overview blogs in states such as Rhode Island, Connecticut, Georgia, Arizona and Texas explain the Laws for Non-Resident buyers of US properties. Given the complexities involved in laws on both the national and local levels, it is important to understand your rights and obligations. An experienced attorney can help international clients navigate this process.
Given some of the more unlikely consequences of this law, a wise international citizen should also maintain an awareness of other legal norms that could affect their properties in Virginia and other areas. This is especially true in the fields of real estate, where questions of property rights can become challenging in the absence of legal knowledge. For more information on legal issues related to property rights, you can visit USA.gov.