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Rape Virginia Sodomy Aggravated Sexual Battery Lawyers Loudoun County

Rape Virginia Sodomy Aggravated Sexual Battery Lawyers Loudoun County

Reggie v. Commonwealth
Facts:

Defendant appealed from the judgment of the Circuit Court for the County of Loudoun (Virginia), which convicted him of rape, attempted sodomy, forcible sodomy, and aggravated sexual battery of his step-granddaughter.

Rape Virginia Sodomy Aggravated Sexual Battery Lawyers Loudoun County

Rape Virginia Sodomy Aggravated Sexual Battery Lawyers

Issues:
  • Whether the trial court erred in concluding that the evidence was sufficient to support all of his convictions. For the reasons that follow, we affirm appellant’s convictions?
Discussion:

The victim testified that defendant had forced her to engage in several different forms of sexual conduct over an extended period. The victim testified that defendant performed oral sex upon her, but that his tongue did not go inside her “hole.” Defendant contended that the trial court erred in instructing the jury that proof of penetration on the sodomy charge required proof of penetration only of the outer lips of the vagina and not the vagina itself. The court held that sodomy was proved where the evidence proved beyond a reasonable doubt that defendant penetrated the outer lips of the female sexual organ with his mouth or tongue. Accordingly, the court determined that the jury was properly instructed. Defendant further asserted that the evidence was insufficient to support any of his convictions. The court determined that the victim’s testimony alone, if believed by the jury, was sufficient to support defendant’s convictions. The court affirmed defendant’s convictions for the rape, attempted sodomy, forcible sodomy, and aggravated sexual battery

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Article written by A Sris
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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