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Rape Virginia Forcible Sodomy Lawyers Prince William County

Rape Virginia Forcible Sodomy Lawyers Prince William County

Robbins v. Commonwealth
Facts:

Defendant was convicted of rape and forcible sodomy, in violation of former Va. Code Ann. § 18.2-61(A) and Va. Code Ann. § 18.2-67.1(A), respectively. He appealed, challenging the sufficiency of the evidence to convict him on the sodomy charge and a jury instruction on the rape charge. The Virginia Court of Appeals affirmed. Defendant sought further review.

Rape Virginia Forcible Sodomy Lawyers Prince William County

Rape Virginia Forcible Sodomy Lawyers Prince

Issue:
  • Whether there was sufficient evidence to convict the Defendant on the sodomy charge and a jury instruction on the rape charge?
Discussion:

An officer found the victim unconscious and partially naked. She had been struck on the head and did not remember anything that occurred thereafter until she awoke at a hospital. She testified she kissed defendant before losing consciousness, but did not consent to have sex. The DNA of spermatozoa found in her vaginal and anal areas was consistent with defendant’s DNA. She had bipolar disorder, which caused her to have “blackouts” when she abused drugs or alcohol; an expert testified she had deadly levels of medication, drugs, and alcohol in her system. The high court held that the jury was properly instructed that defendant could be found guilty of rape if he had intercourse with the victim by using her mental incapacity, because the term “mental incapacity,” as used in Va. Code Ann. § 18.2-67.10(3), could extend to a transitory circumstance such as intoxication. Evidence that the victim lost consciousness after a blow to her head, that she was dragged to a concealed area, that she did not consent to having sex with defendant, and that spermatozoa with DNA consistent with defendant’s was found in her anal cavity, was sufficient to prove defendant used force to sodomize her. The judgment was affirmed.

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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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