Aggravated Sexual Battery Virginia Indecent Liberties Supervisory Lawyers Wythe County
Fernandez v. Commonwealth
The Circuit Court, Wythe County (Virginia), entered a final judgment of conviction after a jury found appellant guilty of aggravated sexual battery in violation of Va. Code Ann. § 18.2-67.3 and taking indecent liberties with a minor over whom he maintained a custodial or supervisory relationship in violation of Va. Code Ann. § 18.2-370.1. Appellant challenged that judgment.
- Whether daughter’s testimony is relevant to the case?
A seven-year old girl visited her step grandfather, criminal appellant, at his home. She had a condition caused by bug bites. Appellant told her to take off all her clothes and lie on the couch. Appellant removed his own clothes and rubbed baby lotion all over her, including on her “private parts.” Appellant testified he applied lotion only where the itching problem was and not on her genital area, that he was wearing boxer shorts at the time, and that he did not apply the lotion for sexual gratification because he was impotent. Appellant’s daughter testified that 20 years earlier, appellant had forced her to perform a sexual act on him. Also, a police detective was allowed to characterize videotapes he found during a search of appellant’s house. After appellant was convicted, the appellate court found the trial court improperly admitted the daughter’s testimony as it involved an allegation that was irrelevant to the present case, was more prejudicial than probative, and was an improper use of prior bad act evidence. It also found that allowing admission of testimony characterizing the videotapes as “pornographic” was error for the same reasons.
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Article written by A Sris
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.
DEFENSE OF TAKING INDECENT LIBERTIES BY PERSON IN CUSTODIAL OR SUPERVISORY RELATIONSHIP IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Any person who sexually assaults a child while the child is in their custody or in a supervisory relationship will be charged with Virginia Code 18.2-370.1. Any person who is convicted under this statute will be convicted of a class 6 felony in Virginia. A 2nd or subsequent offense will result in a class 5 felony conviction. If you are charged with taking indecent liberties of a minor while he or she is in your custody, do not take it lightly. If you are charged with this offense, immediately contact our office to speak with Virginia sex crimes defense lawyer today.
Virginia Code § 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties
A. Any person 18 years of age or older who, except as provided in§ 18.2- 370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse or any act constituting an offense under§ 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in§ 18.2-67.10 (6), shall be guilty of a Class 6 felony.
B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in§ 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
VIRGINIA SEX CRIMES LAWS
SEX OFFENSES IN VIRGINIA
The following are some of the different sex offenses in Virginia:
If you wish to speak with an attorney who defends clients charged with sex offenses in Virginia, please call us at 888-437-7747, or contact us via our fast on line form.