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Rape Virginia Mental Incapacity Sexual Intercourse Attorneys Wythe County

Rape Virginia Mental Incapacity Sexual Intercourse Attorneys Wythe County

Victor v. Commonwealth
Facts:

Defendant appealed from the Circuit Court of Wythe County, which, in a bench trial, convicted defendant of rape of a minor.

Rape Virginia Mental Incapacity Sexual Intercourse Attorneys Wythe County

Rape Virginia Mental Incapacity Sexual Intercourse Attorneys

Issue:
  • Whether the defendant is guilty of rape?
Discussions:

Defendant admitted having sexual intercourse with complainant at the time charged in the indictment but contended that it was consensual. Because the trial court found that the sexual act did not occur by force, the sole issue on appeal was whether it occurred through the use of the complainant’s mental incapacity in violation of Va. Code Ann. § 18.2-61. Although the trial court judge observed complainant at trial two years after the sexual act occurred and listed his observation of complainant as a reason to support his finding that, at the time of the offense, complainant was mentally incapacitated as required by Va. Code Ann. § 18.2-67.10(3), the court found that the trial court judge’s observations were not sufficient to prove beyond a reasonable doubt that defendant was guilty of rape. Because the record failed to show beyond a reasonable doubt that, at the time of the alleged rape, complainant suffered from a mental incapacity that prevented her from understanding the nature or consequences of the sexual act involved in such offense and about which defendant knew or should have known as required by § 18.2-67.10(3), the conviction was reversed.

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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