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Home / Opinion Digests / Criminal – Aggravated Sexual Battery – Victim’s Mental Incapacity (access required)

Criminal – Aggravated Sexual Battery – Victim’s Mental Incapacity (access required)

The commonwealth did not need to prove the use of actual force in order to convict defendant of aggravated sexual battery through use of a victim’s mental incapacity, in violation of Va. Code § 18.2-67.3, for his act of molesting a 44-year-old man with Down Syndrome, the Court of Appeals holds. Although the director of a ...

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