Rape Virginia Force Consent Lawyers
Rape Virginia Force Consent Lawyers Orange County
COOK V. COMMONWEALTH
Defendant sought review of his conviction for the rape of a female under the age of 15. Defendant challenged his conviction entered in the Circuit Court of Orange County (Virginia) for the rape of a female under 15 years old in violation of Va. Code Ann. § 18-54.
- Whether the rape, if any, was committed upon the prosecutrix against defendant will, by force, or with her consent, and fixes the punishment?
The court found that the measure of force necessary to constitute rape and the measure of resistance required were questions of fact for the jury and that given the conflict in the evidence that the jury’s verdict had to be upheld. Further, the trial court did not err in refusing to strike the evidence of the Commonwealth relating either to the commission of the offense of the use of force by defendant. Lastly, the court found no error in allowing an amendment to the form of the jury’s verdict, where the evidence unquestionably showed that she was less than 16 years of age at the time of the offense. The court upheld defendant’s conviction. The court affirmed defendant’s conviction for rape
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Article written by A Sris
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