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Virginia Rape Lawyers Fairfax Violation Code 18.2-61

Have you been charged with a rape in Virginia?

Are you concerned about the consequences of being charged with a rape in Virginia?

For a lot of our clients, a rape can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a rape in Virginia.

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

Virginia Rape Lawyers Fairfax Violation Code 18.2-61

Virginia Rape Lawyers Fairfax Violation Code 18.2-61

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.

Scoot v. Commonwealth

Facts:

Defendant was indicted on a charge of rape in Fairfax Virginia, in violation of Va. Code Ann. § 18.2-61 and he filed a motion to dismiss the charge, arguing that the Commonwealth violated his right to a speedy trial under Va. Code Ann. § 19.2-243. The Commonwealth consented to defendant’s motion and the trial court dismissed the charge with prejudice. Less than a month later, defendant was indicted and charged with the felony offense of carnally knowing a child under 14 years of age without the use of force, in violation of Va. Code Ann. § 18.2-63..

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

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-61 requires proof of facts that Va. Code Ann. § 18.2-63 does not require, and vice versa. Section 18.2-61 requires proof of (i) sexual intercourse, (ii) that is accomplished against the complaining witness’s will, (iii) by force, threat, or intimidation, while § 18.2-63 requires proof of (i) carnal knowledge, which includes acts other than sexual intercourse, (ii) with a child between 13 and 15 years old, (iii) without the use of force. Accordingly, rape requires proof of two facts, specifically, sexual intercourse and the use of force, that carnal knowledge does not require. Carnal knowledge requires proof of one fact that rape does not require, specifically, that the victim be between 13 and 15 years old. Carnal knowledge also does not require the act of sexual intercourse or the use of force, required by rape. Therefore, under the traditional of the United States Supreme Court’s Blockburger test, carnal knowledge is not a lesser-included offense of rape..

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

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.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris

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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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