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Carnal Knowledge Virginia Sexual Relations Attorneys Henrico County

Carnal Knowledge Virginia Sexual Relations Attorneys Henrico County

Roberts v. Commonwealth
Facts:

The trial judge, in the Circuit Court of Henrico County (Virginia), convicted defendant of two offenses of carnal knowledge of a child 14 years of age, in violation of Va. Code Ann. § 18.2-63. Defendant appealed, contending that the trial judge erred by admitting into evidence testimony of a prior sexual relation between him and the child.

Carnal Knowledge Virginia Sexual Relations Attorneys Henrico County

Carnal Knowledge Virginia Sexual Relations Attorneys

Issue:
  • Whether defendant’s prior sexual relation with the victim was relevant?
Discussions:

Defendant’s attorney objected that the testimony of defendant’s prior sexual relation with the victim was not relevant. The trial judge overruled the objection and permitted the child to testify that she had sexual relations with defendant in the previous year. She also testified that defendant was convicted for that offense. In upholding the admission of the evidence, the appellate court found that, in a prosecution for statutory rape, where the female’s consent was not a defense, evidence of an act of sexual intercourse after the day specified in the indictment was admissible as tending to show the disposition of a defendant with respect to the particular act charged. The appellate court saw no reason why evidence of acts of sexual intercourse before the day specified in the indictment should not be equally admissible. A jury should be permitted to consider such evidence, if it believed the evidence to be true, for the limited purpose of showing defendant’s inclination to commit the act with which he was charged and as tending to corroborate the testimony of the alleged victim with respect to the act with which defendant was charged. Therefore, the evidence was relevant.

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.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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