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Virginia Rape Criminal Lawyers

Virginia Rape Criminal Lawyers

If you have been charged with a criminal offense in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Tommy v. Commonwealth

Facts:

At trial, the 10-year-old prosecutrix testified to the facts of the alleged sexual battery. The trial judge then asked the child when she told anyone about the incident. The child replied that she told her school counselor what happened by writing it down on a piece of paper. In overruling defendant’s objection, the trial judge stated that he would admit the testimony only to establish when the child reported the incident and not what the report stated. Defendant denied any sexual contact with the child and claimed that he was elsewhere at the time of the alleged offense. Thus, the issue was the credibility of the child and defendant. The trial court resolved the issue in the child’s favor. The court reversed the conviction, concluding that the trial court’s consideration of the child’s inadmissible recent complaint to bolster both her credibility and her allegation against defendant was prejudicial error. The “recent complaint” rule, under which a prosecutrix’s recent complaint was admissible to corroborate her testimony but not as independent evidence of the offense charged, did not extend beyond rape and attempted rape cases to aggravated sexual battery cases.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Virginia Rape Criminal Lawyers

Virginia Rape Criminal Lawyers

Holdings:

The Virginia Court made the following holding:
  • As an exception to the prohibition against hearsay evidence, in a rape case the recent complaint by the prosecutrix is admissible for the purpose of corroborating her testimony, but not as independent evidence of the offense charged. The “recent complaint” rule extends to attempted rape cases. However, the rule does not extend beyond rape and attempted rape cases to aggravated sexual battery cases.
  • Sexual battery is the intentional touching of the intimate parts of the complaining witness by the accused with the intent to sexually molest, arouse, or gratify either the complaining witness or the accused. Va. Code Ann. §§ 18.2-67.3, 18.2-67.10(6)(a). While aggravated sexual battery is different from attempted rape in that an intent to have sexual intercourse is not required, aggravated sexual battery is markedly similar to attempted rape where the victim is female and her genitalia is touched by the perpetrator’s penis. Moreover, logic dictates that the reasons that support the rule that a conviction for attempted rape may be supported solely upon the testimony of the victim without further corroboration are equally applicable to prosecutions for aggravated sexual battery under Va. Code Ann. § 18.2-67.3. Accordingly, there is no requirement for corroboration under § 18.2-67.3.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

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.

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