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Aggravated Sexual Battery Virginia Indecent Liberties Supervisory Lawyers Wythe County

Aggravated Sexual Battery Virginia Indecent Liberties Supervisory Lawyers Wythe County

Fernandez v. Commonwealth
Facts:

The Circuit Court, Wythe County (Virginia), entered a final judgment of conviction after a jury found appellant guilty of aggravated sexual battery in violation of Va. Code Ann. § 18.2-67.3 and taking indecent liberties with a minor over whom he maintained a custodial or supervisory relationship in violation of Va. Code Ann. § 18.2-370.1. Appellant challenged that judgment.

Aggravated Sexual Battery Virginia Indecent Liberties Supervisory Lawyers Wythe County

Aggravated Sexual Battery Virginia Indecent Liberties Supervisory Lawyers

Issue:
  • Whether daughter’s testimony is relevant to the case?
Discussions:

A seven-year old girl visited her step grandfather, criminal appellant, at his home. She had a condition caused by bug bites. Appellant told her to take off all her clothes and lie on the couch. Appellant removed his own clothes and rubbed baby lotion all over her, including on her “private parts.” Appellant testified he applied lotion only where the itching problem was and not on her genital area, that he was wearing boxer shorts at the time, and that he did not apply the lotion for sexual gratification because he was impotent. Appellant’s daughter testified that 20 years earlier, appellant had forced her to perform a sexual act on him. Also, a police detective was allowed to characterize videotapes he found during a search of appellant’s house. After appellant was convicted, the appellate court found the trial court improperly admitted the daughter’s testimony as it involved an allegation that was irrelevant to the present case, was more prejudicial than probative, and was an improper use of prior bad act evidence. It also found that allowing admission of testimony characterizing the videotapes as “pornographic” was error for the same reasons.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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