Legal Question in Criminal Law in Virginia
Sexual Battery Charge
A friend has been charged with sexual battery to his wife (He tried waking her up with sex, she was offended and call the cops). The wife said he ''sotomized'' her, however the charge is sextual battery..Question, does Sexual battery fall under sotomy, and if so for a sotomy charge dosn't there have to be DNA evidence? The wife did not have a ''rape'' kit done.
Asked on 9/04/08, 3:18 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Sexual Battery Charge
No, sexual battery as a crime does not "fall under
sodomy", and I predict that based upon the facts alleged, the prosecution of this particular crime will likely go nowhere.
Answered on 9/04/08, 8:09 pm
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