P19hf56 Y0nktrzu3 Jsaqx Oe42lnmi9r

Forcible Sodomy Virginia Abduction Conviction Lawyers Clarke County

Forcible Sodomy Virginia Abduction Conviction Lawyers Clarke County

Williams v. Commonwealth
Facts:

A jury in the Circuit Court of Clarke County (Virginia) convicted defendant of abduction with intent to defile (Va. Code Ann. § 18.2-48), rape, and two counts of forcible sodomy. Defendant challenged only the abduction conviction, contending the evidence was insufficient to prove his detention of the victim was separate and apart from that which was necessary for the commission of the other three offenses.

Forcible Sodomy Virginia Abduction Conviction Lawyers

Forcible Sodomy Virginia Abduction Conviction Lawyers

Issue:
  • For the abduction conviction whether the evidence was sufficient to prove Defendant’s detention of the victim was separate and apart from that which was necessary for the commission of the other three offenses?
Discussion:

The appeals court found that the evidence was sufficient to prove as a matter of law that defendant’s abduction-detention of the victim was separate and distinct from the restraint inherent in the crimes of rape and forcible sodomy. The trial court thus correctly denied defendant’s motion to set aside his abduction conviction on grounds of insufficient evidence. Defendant clearly restricted the victim’s liberty, with the intent to defile her, by the use of force far in excess of that inherent in the commission of rape and sodomy where he twice choked her to the point of unconsciousness. Those acts substantially increased the risk of harm to the victim. The very act of choking the victim with such force posed a risk of serious physical injury, if not death. Moreover, once the victim was rendered unconscious, she could no longer cry out for help, thereby decreasing the possibility that defendant would be detected. Defendant further avoided detection by locking the door to the victim’s apartment after forcing his way into the apartment. Finally, defendant detained the victim for a significant period of time during the criminal episode, ranging from thirty-five to forty minutes. The judgment was affirmed

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

Click to Chat

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.

Comments are closed.

Powered by: Wordpress