Rape Virginia Lawyers Consensual Sufficient Testimony Rockingham County
Rape Virginia Lawyers Consensual Sufficient Testimony Rockingham County
Jeff v. Commonwealth
Facts:
Defendant appealed a judgment from the Circuit Court, Rockingham County (Virginia), convicting defendant of rape
Rape Virginia Lawyers Consensual Sufficient Testimony
Issue:
- Whether the testimony of the complaining witness was sufficient to support the jury’s conclusion that she did not consent to sexual activity with defendant?
Discussion:
A rape conviction was affirmed because the victim’s testimony was sufficient to support the conviction, although the record contained significant conflicting evidence. Defendant had sexual intercourse with an intoxicated woman in a hotel room where several people were drinking alcoholic beverages. Defendant claimed that it was consensual, and the testimony of other witnesses supported defendant’s version of events. The complaining witness testified that she had told defendant to stop and that he did not listen to her. The appellate court affirmed the rape conviction because determining the credibility of the witnesses was a matter for the jury. The testimony of the complaining witness was sufficient to support the jury’s conclusion that she did not consent to sexual activity with defendant, despite conflicting testimony from other witnesses. The court affirmed the rape conviction, finding the testimony of the complaining witness to be sufficient evidence to support the conviction even where other witnesses gave conflicting accounts of events.
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, 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.
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys Chesterfield County
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys Chesterfield County
Commonwealth of Virginia v. Allan Paul
Facts:
Defendant had two convictions for forcible sodomy. On appeal, the Commonwealth argued that the circuit court erred in qualifying a licensed clinical psychiatrist as an expert because she was not skilled in the treatment of the mental conditions she diagnosed defendant with. The Commonwealth filed a petition requesting that defendant be civilly committed pursuant to the Sexually Violent Predators Act, Va. Code Ann. §§ 37.2-900 through 920. Following a bench trial, the Circuit Court of Chesterfield County (Virginia) entered final judgment holding that defendant was not a sexually violent predator as defined by the Act. The Commonwealth appealed.
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys
Issue:
- Whether the circuit court erred in qualifying a witness to testify as an expert under the Sexually Violent Predators Act?
Discussion:
The Supreme Court finds that Va. Code Ann. § 37.2-907(A) required the psychiatrist to demonstrate skill in both diagnosis and treatment of the stated mental conditions, and that she did not meet the skill in treatment requirement. The Commonwealth also argued that the circuit court erred in concluding that the Commonwealth failed to prove by clear and convincing evidence that defendant was a sexually violent predator as defined by the Act. The Supreme Court agreed, holding that the evidence, as a matter of law, provided clear and convincing proof that defendant was a sexually violent predator as defined by the Act. Among other things, the Commonwealth’s expert testified that defendant estimated he may have abused young boys as many as 100 times and that defendant’s personality disorder might prevent him from seeking treatment for his problems. The judgment of the circuit court was reversed. Judgment was entered for the Commonwealth that defendant was a sexually violent predator as defined by the Act and the case was remanded for further proceedings to determine whether defendant should be fully committed or placed on conditional release.
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, 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.
Rape Virginia Mental Incapacity Sufficient Evidence Lawyers Orange County
Rape Virginia Mental Incapacity Sufficient Evidence Lawyers Orange County
DAVID V. COMMONWEALTH
Facts:
The Circuit Court convicted defendant of three counts of rape in violation of Va. Code Ann. § 18.2-61 and one count of forcible sodomy in violation of Va. Code Ann. § 18.2-67.1, all based on defendant’s use of the complaining witness’ mental incapacity. Defendant appealed.
Rape Virginia Mental Incapacity Sufficient Evidence Lawyers
Issue:
- Whether there was sufficient evidence to prove penetration and the complaining witness’ mental incapacity and defendant’s knowledge thereof?
Discussions:
The appellate court held the evidence of penetration was sufficient to support the rape conviction. In addition to defendant’s admission to having sexual intercourse with the complainant, the complainant provided testimony to corroborate defendant’s confession, stating that she and defendant had sex three times. The complainant testified that defendant put “his thing,” which she said was between his legs, in hers. However, the appellate court found the evidence insufficient to prove oral sodomy. Defendant told an investigator that he performed oral sex on the complainant, however, defendant was not asked to define “oral sex” or to indicate in any other way whether, when he performed oral sex on the complainant, he penetrated any portion of her female sexual organs. The appellate court also found no merit in defendant’s challenge related to the complaining witness’ mental incapacity and his knowledge of it, where her IQ was well below the cutoff point and she, while 18 years old, functioned on the level of an eight year old.
Judgment:
Defendant’s conviction for forcible sodomy was reversed. Defendant’s convictions for rape by mental incapacity were 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.
We have client meeting locations in Fairfax 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.
18.2-67.3 Code Virginia Aggravated Sexual Battery Penalty Fairfax Prince William Richmond Beach Loudoun
A person charged with a sex crime such as forcible sodomy pursuant to 18.2-67.3 must take the charge very seriously.
The penalties for a conviction of Virginia Code 18.2-67.3 are very serious. The worst part is that it will place you on the sex offender registry for life.
18.2-67.3 Code Virginia Aggravated Sexual Battery Penalty
The SRIS Law Group Virginia lawyers have defended cases of this nature and have the experience to defend you. Do not assume that just any Virginia lawyer has the experience necessary to defend you against a sex crime.
When you speak with a Virginia lawyer from our firm, he will discuss the facts of your case and then advise you about your options. An attorney from our firm will do his best to help you obtain the best possible result based on the facts of your case.
Virginia Code 18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
- The complaining witness is less than 13 years of age, or
- The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
- The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
- The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
