Are there any case findings of not guilty in a sexual battery case where there were only 2 people present in virginia and can you direct me to some?

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Are there any case findings of not guilty in a sexual battery case where there were only 2 people present in virginia and can you direct me to some?

My 15 yr old son has been charged with sexual battery. The young lady and my son had a talk over the phone where there was another young man on the line but she did not know. In this talk she stated that she would like my son to come to her house the next day, so that she could ride and deep throat him. Following the incident she went to school and told her peers that he raped her. He states that he went over and she got on top of him and he was feeling her behind and then penetrated her with his fingers. She was in agreement. He asked could “put it in”. She said no and he did not.

Asked on May 7, 2009 under Criminal Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Most of the time, cases like this do not have the decisions published.  In fact, for most courts, most of the published decisions are from appeals, cases that went to trial and verdict, and then one or both sides went to a higher court to try and get the verdict thrown out.

Even if you could find a published opinion from a Virginia court that had something to do with your son's case (and there might be some, I have not looked), it is probably not likely that you could get a good understanding of what the opinion meant for your son's case.  There are words and phrases that have special meanings for lawyers and judges, but those special meanings are not always clear just from the opinions.  The opinions are mostly written by judges (almost always lawyers themselves) for other judges and lawyers to read, rather than the general public.

Your son needs an experienced criminal lawyer, to defend him against this very serious charge.  One place you can look for help is our website, http://attorneypages.com


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