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Rape Virginia Forcible Sodomy Sexual Battery Lawyers Stafford County

Rape Virginia Forcible Sodomy Sexual Battery Lawyers Stafford County

Jamie v. Commonwealth
Facts:

Defendant challenged a judgment from the Circuit Court of Stafford County (Virginia), which convicted defendant of attempted rape and forcible sodomy.

Rape Virginia Forcible Sodomy Sexual Battery Lawyers Stafford County

Rape Virginia Forcible Sodomy Sexual Battery Lawyers

Issue:
  • Whether the trial court erred in refusing his proffered jury instruction on misdemeanor sexual battery as a lesser-included offense of both the attempted rape and forcible sodomy charges?
Discussion:

Defendant argued that the trial court erred in refusing his proffered jury instruction on misdemeanor sexual battery as a lesser-included offense of the charges both of attempted rape and of forcible sodomy. The victim testified that before the forcible sodomy defendant had penetrated her vagina with his tongue and rubbed his penis on her. The Commonwealth contended that defendant had not properly preserved his assignment of error for appeal. All the discussions concerning the instructions were held off the record. The only relevant dialogue in the record was a statement of defendant’s counsel that the court had elected not to give the instruction. Assuming without deciding that the issue had been preserved for appeal, the court affirmed the judgment of conviction. The court reasoned that an act of attempted rape was not always a sexual battery and that the lower court had not erred in refusing to instruct the jury on sexual battery as a lesser-included offense of attempted rape. The court held that defendant was not entitled to an instruction on sexual battery because it was not a lesser-included offense of attempted 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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