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Statutory Rape Norfolk Virginia Lawyer Sexual Intercourse Victim Statement

Statutory Rape Norfolk Virginia Lawyer Sexual Intercourse Victim Statement

Marks v. Commonwealth
Facts:

Defendant was indicted and tried for rape. The first count of the indictment charged defendant with statutory rape without force. The second count charged rape by force. There was no evidence other than the victim’s statement that defendant ever had sexual intercourse with her. Defendant was convicted on the first count in the indictment and sentenced to five years in prison. Defendant sought review of a judgment by the Corporation Court of the City of Norfolk (Virginia), which convicted defendant of rape without force that was committed upon a female between the ages of 14 and 16 years old.

Statutory Rape Norfolk Virginia Lawyer Sexual Intercourse Victim Statement

Statutory Rape Norfolk Virginia Lawyer

Issue:
  • Whether the trial court erred in convicting the defendant for rape charges?
Discussion:

The court affirmed the trial court’s decision. The court held that the trial court did not err in not requiring the Commonwealth to elect on which count it would try defendant. It was permissible for the indictment to contain any number of counts charging the commission of the single offense of rape, stated in different ways so as to meet varying phases of proof that might be offered. The indictment was properly drawn so as to leave it to the jury to determine whether the alleged rape, if any was committed, was accomplished with consent or by force. There was no evidence to denounce the testimony of the victim as improbable, and the circumstances connected with her testimony were fully sufficient to justify the jury in believing that intercourse actually took place. The court affirmed the judgment of the trial court

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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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