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Rape Virginia Sexual Battery Sodomy Victim Testimony Lawyers Norfolk City

Rape Virginia Sexual Battery Sodomy Victim Testimony Lawyers Norfolk City

Davidson v. Commonwealth
Facts:

Appellant, following convictions for multiple sex crimes committed against his daughter, appealed from the Circuit Court of the City of Norfolk (Virginia). Appellant argued that the evidence was insufficient to convict him and, more particularly, that the Commonwealth failed to prove penetration.

Rape Virginia Sexual Battery Sodomy Victim Testimony Lawyers

Rape Virginia Sexual Battery Sodomy Victim Testimony Lawyers

Issue:
  • Whether the evidence was sufficient to convict Defendant and, more particularly, that the Commonwealth failed to prove penetration?
Discussion:

Appellant was convicted of rape, aggravated sexual battery, indecent liberties, object sexual penetration, fellatio, and anal sodomy. The jury accepted appellee Commonwealth’s evidence, and rejected appellant’s argument that the victim’s testimony was unworthy of belief. The court did not find that the victim’s testimony was inherently incredible, or so contrary to human experience as to render it unworthy of belief. The victim’s testimony was corroborated by medical and physical evidence. Based on the victim’s testimony and other evidence, the jury properly found that appellee had established the elements of penetration for rape, one count of anal sodomy, two counts of fellatio, and one count of object penetration. Appellee did not prove penetration in the cunnilingus count or in one count of object sexual penetration, and there was only one incident of anal sodomy. Judgment affirmed on the rape, aggravated sexual battery, indecent liberties, object sexual penetration (one count), fellatio, and anal sodomy (one count) convictions. Judgment reversed as to cunnilingus, one count of anal sodomy, and one count object sexual penetration convictions

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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