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Rape Virginia Force Consent Lawyers

Rape Virginia Force Consent Lawyers Orange County

COOK V. COMMONWEALTH
Facts:

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.

Rape Virginia Force Consent Lawyers

Rape Virginia Force Consent Lawyers

Issue:
  • Whether the rape, if any, was committed upon the prosecutrix against defendant will, by force, or with her consent, and fixes the punishment?
Discussion:

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

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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