Bailey v. Commonwealth

Citations

• 82 Va. 107
• 1886 Va. LEXIS 14

Syllabus

<p>Criminal Proceedings—Rape—Case at bar.—Prisoner leaving his wife at night at a neighborhood party and going home alone, went to his fourteen year old step-daughter’s bed in a room where three younger children were sleeping. She forbid his getting into the bed, but he got in. She said she would tell her mother, and he said, “If you do, I will whip you.” He then “held her hands, placed his privates to hers, and forced her.” She made no outcry. The children were not awakened. A neighbor, one hundred yards distant, heard nothing. She made no complaint for six days. Her person and apparel were not examined. He admitted having intercourse with her—</p> <p>Held :</p> <p>Under the circumstances, the verdict of guilty of rape, should not be disturbed.</p>