No Felony Without ‘Serious’ Mental Injury

By Deborah Elkins
Published: October 28, 2011

Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Although a 17-year-old girl who was forcibly molested by the two defendants was understandably “agitated” and “upset,” even two years later when she testified at their trial, the commonwealth failed to establish the girl suffered a particularly “grave” mental injury, and the Court of Appeals reverses the two defendants’ convictions for the felony of aggravated ...

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