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Rape Virginia Mental Incapacity Sufficient Evidence Lawyers Orange County

Rape Virginia Mental Incapacity Sufficient Evidence Lawyers Orange County

DAVID V. COMMONWEALTH
Facts:

The Circuit Court convicted defendant of three counts of rape in violation of Va. Code Ann. § 18.2-61 and one count of forcible sodomy in violation of Va. Code Ann. § 18.2-67.1, all based on defendant’s use of the complaining witness’ mental incapacity. Defendant appealed.

Rape Virginia Mental Incapacity Sufficient Evidence Lawyers Orange County

Rape Virginia Mental Incapacity Sufficient Evidence Lawyers

Issue:
  • Whether there was sufficient evidence to prove penetration and the complaining witness’ mental incapacity and defendant’s knowledge thereof?
Discussions:

The appellate court held the evidence of penetration was sufficient to support the rape conviction. In addition to defendant’s admission to having sexual intercourse with the complainant, the complainant provided testimony to corroborate defendant’s confession, stating that she and defendant had sex three times. The complainant testified that defendant put “his thing,” which she said was between his legs, in hers. However, the appellate court found the evidence insufficient to prove oral sodomy. Defendant told an investigator that he performed oral sex on the complainant, however, defendant was not asked to define “oral sex” or to indicate in any other way whether, when he performed oral sex on the complainant, he penetrated any portion of her female sexual organs. The appellate court also found no merit in defendant’s challenge related to the complaining witness’ mental incapacity and his knowledge of it, where her IQ was well below the cutoff point and she, while 18 years old, functioned on the level of an eight year old.

Judgment:

Defendant’s conviction for forcible sodomy was reversed. Defendant’s convictions for rape by mental incapacity were 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

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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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