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Forcible Sodomy Madison Virginia Lawyer Element Of Rape Violation

Forcible Sodomy Madison Virginia Lawyer Element Of Rape Violation

Fender v. Commonwealth
Facts:

Defendant appealed from his conviction by the Circuit Court of Madison County (Virginia) for rape in violation of Va. Code Ann. § 18.2-61, and forcible sodomy in violation of Va. Code Ann. § 18. 2-67.1. The Commonwealth’s motion in limine had been granted, allowing the admission of the testimony of two women who described similar crimes allegedly committed by defendant.

Forcible Sodomy Madison Virginia Lawyer Element Of Rape Violation

Forcible Sodomy Madison Virginia Lawyer

Issue:
  • Whether the accused knowingly and intentionally committed the acts constituting the elements of rape?
Discussions:

Defendant argued that the similar crimes evidence was improperly admitted. The appellate court held that testimony of prior victims of similar sexual crimes was inadmissible to show defendant’s intent toward the victim. Although proof of rape required proof of intent, the required intent was established upon proof that the accused knowingly and intentionally committed the acts constituting the elements of rape, which included engaging in sexual intercourse with the victim, against her will, by force, threat, or intimidation. The lack of consent required for rape involved the victim’s mental state, not the defendant’s. The fact that one woman was raped had no tendency to prove that another woman did not consent. The error was not harmless error. One witness testified that she was a prostitute and defendant was a “regular customer” who once acted in a manner similar to that described at trial. The second witness testified that she was also an escort who was attacked by defendant in a manner similar to that alleged by the victim. The witnesses’ testimony encouraged the inference that defendant committed the charged crimes as he had committed similar crimes in the past.

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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