Spousal Abuse Virginia Law Arlington Forcible Rape Evidence

Spousal Abuse Defense In Arlington – Virginia Lawyers

There are many different penalties for spousal abuse charges in Arlington Virginia.

If you have been charged with spousal abuse in Arlington Virginia, contact our firm immediately for help.

Spousal Abuse Defense In Arlington Virginia

Spousal Abuse Defense In Arlington Virginia
Spousal Abuse Defense In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Marker v. Commonwealth

Facts:

Defendant repeatedly physically and mentally abused the stepdaughter’s mother, defendant’s former wife, in the presence of the stepdaughter and her siblings when they were small. Before her 12th birthday, the stepdaughter saw defendant beat the stepdaughter’s mother. Sometime before defendant forced the stepdaughter to submit to intercourse when the stepdaughter was 12-years-old, defendant also beat the victim. The physical abuse made the stepdaughter fearful of defendant. She thought there was nothing she could do when he forced himself on her. The stepdaughter then became pregnant and gave birth to defendant’s child when she was 13-years-old. At defendant’s trial for forcible rape, the trial court admitted evidence of defendant’s spousal abuse of the mother.

If you are facing a spousal abuse case in Arlington, 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:

  • Evidence of other bad acts or crimes is not admissible merely to show a defendant’s predisposition to commit such acts or crimes. However, if such evidence tends to prove any other relevant fact of the offense charged, and is otherwise admissible, it will not be excluded merely because it also shows him to have been guilty of another crime.
  • In order to prove force sufficient to support a forcible rape conviction, the force must be used to overcome the victim’s will. There must be evidence of some array or show of force in form sufficient to overcome resistance. Threat, as used in Va. Code Ann. § 18.2-61(A)(i), means expression of an intention to do bodily harm. Intimidation may occur without threats. Intimidation, as used in Va. Code Ann. § 18.2-61(A)(i), means putting a victim in fear of bodily harm by exercising such domination and control of her as to overcome her mind and overbear her will. Intimidation may be caused by the imposition of psychological pressure on one who, under the circumstances, is vulnerable and susceptible to such pressure. This fear of bodily harm must derive from some conduct or statement of the accused. Whether the accused used force, threat, or intimidation to overcome the victim’s will is a factual question, and the reviewing court defers to the fact finder’s decision unless it is plainly wrong.

Spousal Abuse Defense In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Arlington, Virginia

Arlington Circuit Court

1425 North Courthouse Road
Arlington, VA 22201

Arlington General District Court

1425 North Courthouse Road
Suite 2400, Second Floor,
Arlington, VA 22201

Arlington Juvenile and Domestic Relations District Court

P. O. Box 925
1425 North Courthouse Rd, Ste 4100
Arlington County Justice Center,
Arlington, VA 22216

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.