P19hf56 Y0nktrzu3 Jsaqx Oe42lnmi9r

Statutory Rape Norfolk Virginia Lawyer Instruction Force Intend

Statutory Rape Norfolk Virginia Lawyer Instruction Force Intend

Clark v. Commonwealth
Facts:

Defendant was convicted of the crime of attempted rape. Allegedly, defendant and the victim were arrested while they were occupying a parked automobile. There was no pretense that the accused sought to compel the girl to yield herself to him, nor any serious claim that she objected to his affectionate advances. Defendant sought review of a judgment of the Corporation Court of the city of Norfolk, Number Two (Virginia), which convicted him of attempted rape.

Statutory Rape Norfolk Virginia Lawyer Instruction Force Intend

Statutory Rape Norfolk Virginia Lawyer

Issue:
  • Whether evidence is justify for the instruction for rape?
Discussion:

The Court observed that the defendant had no intention of using force, but only intended to use persuasion to accomplish his purpose. This was not denied by the girl, who, at the time of the alleged incident, was fourteen years of age. Hence the court held that the evidence did not justify the instruction for rape because if the offense had been fully consummated, at most it would have been statutory rape, a non-capital crime. The court concluded that defendant was entitled to an instruction defining the punishment for an attempt to commit statutory rape.

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, Loudoun County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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.

Comments are closed.

Powered by: Wordpress