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Forcible Sodomy Loudoun Virginia Lawyer Violation Perpetration Consent

Forcible Sodomy Loudoun Virginia Lawyer Violation Perpetration Consent

Victor v. Commonwealth
Facts:

Defendant was convicted in the Circuit Court of Loudoun County (Virginia) of forcible anal sodomy, perpetrated on defendant’s own 13-year-old niece, in violation of Va. Code Ann. § 18.2-67.1. Defendant appealed his conviction.

Forcible Sodomy Loudoun Virginia Lawyer Violation Perpetration Consent

Forcible Sodomy Loudoun Virginia Lawyer

Issue:
  • Whether the trial court erroneously granted the Commonwealth’s motion in limine?
Discussions:

Defendant contended that the trial court erroneously granted the Commonwealth’s motion in limine, prohibiting him from cross-examining the victim concerning her allegedly false statement to police about prior sexual acts involving consensual vaginal intercourse with two young boys. The victim made the admission to a registered nurse during a sexual assault examination. By cross-examining the victim concerning her false statement to the police and her subsequent admission to the nurse, defendant would have injected into the case evidence of the victim’s prior sexual conduct. Defendant argued that this evidence would have provided an alternative theory of the crime, explaining the victim’s rectal scar. Defendant asserted that the rectal scarring could have been caused by consensual anal intercourse with a third party. The suppressed cross-examination could not have done so. Consensual vaginal intercourse would not have caused the scar on the victim’s rectum. Thus, evidence of the victim’s false denial of earlier intercourse did not fall within the exception contained in Va. Code Ann. § 18.2-67.7(A)(1), the “rape shield statute.” The denial was also inadmissible for impeachment.

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
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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