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Sodomy Fairfax Virginia Lawyer Independent Medical Examination Rape Prosecution

Sodomy Fairfax Virginia Lawyer Independent Medical Examination Rape Prosecution

Mike v. Commonwealth

Facts:

The Court of Appeals of Virginia affirmed defendant’s convictions for sodomy with a child under the age of 13 years and statutory rape of the same child when she was 13 years of age. Defendant appealed.

Sodomy Fairfax Virginia Lawyer Independent Medical Examination Rape Prosecution

Sodomy Fairfax Virginia Lawyer I

Issue:

Whether the trial court erred by denying defendant’s motion requiring an independent medical examination of the complaining witness’s sexual anatomy in his statutory rape prosecution?

Discussion:

Defendant appealed, arguing the trial court erred by denying his motion requiring an independent medical examination of the complaining witness’s sexual anatomy in his statutory rape prosecution. Specifically, defendant argued the trial court’s ruling undermined his ability to fully defend himself and asserted the due process rights of a Virginia defendant included the right to compel the physical examination of a statutory rape victim. The appellate court initially noted no statute or rule of court provided for a defense right to compel physical examinations of crime victims. The appellate court held if an accused in Virginia had no right to interview a rape case victim, and no right to discover statements made by Commonwealth’s witnesses to agents of the Commonwealth, and no right to discover certain internal commonwealth documents, the accused had no right to a physical examination of the victim in a statutory rape case. The judgment of the court of appeals was 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.

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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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