Wactor v. Commonwealth

How courts have described this case

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

• providing that the court may consider “the relative physical condition of the participants and the degree of force manifested” to decide whether force was used (emphasis added)
• finding sufficient evidence of force where a nurse “made use of his status and professional relationship to [the victim] to initiate unwanted touching and effectuate” the crime
• victim was in vulnerable - 10 - position as a patient in hospital under the care of the assailant-nurse
• “Furthermore, the decision of the trial court will not be disturbed unless plainly wrong or without evidence to support it.”
• “Object sexual penetration may be analogized to the crime[] of rape (Code § 18.2-61) . . . [and t]herefore, cases interpretating [Code § 18.2-61] are useful in discerning the meaning and intent of Code § 18.2-67.2.”
• stating “force must be sufficient to overcome [the victim’s] resistance”

Source: CourtListener parenthetical corpus (CC0).