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Adkins v. Commonwealth

Citations

  • 457 S.E.2d 382
  • 20 Va. App. 332
  • 452 S.E.2d 382
  • 1995 Va. App. LEXIS 439

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that mentally retarded persons are not per se incapable of consenting to sexual intercourse
  • holding that the evidence failed to prove that the victim was mentally incapacitated when she testified that she had “made love” with the defendant and used words like “penis” and “vagina,” demonstrating her understanding of the sexual act
  • applying the plain meanings of “understand,” “nature,” and “consequence” in construing the term “mental incapacity” under a different statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Coleman

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.