The laws listed here are from the 1993 edition of the West Virginia Code Click here for a glossary of sexual offense legal terms. Consent is not a defense to third-degree sexual assault.
Consent is irrelevant.
A person is guilty of second-degree sexual abuse when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated. A person is guilty of third-degree sexual abuse when such person subjects another person to sexual contact without the victims consent, when lack of consent is due to being less than 16 years old. For purposes of punishment, sexual abuse involving parents, custodians, or guardians is a separate and distinct crime from the general sexual offenses listed above. Consequently, separate sentences for both crimes are permissible.