Nicholson v. Commonwealth

ALSTON, Judge.

Woodrow Wilson Nicholson (appellant) was convicted in a bench trial of aggravated sexual battery, through the use of the victim’s mental incapacity, in violation of Code § 18.2-67.3. On appeal, appellant argues that the Commonwealth failed to prove he committed aggravated sexual battery because the evidence was insufficient to prove that appellant forced the victim to touch his intimate parts. Specifically, appellant argues that Code § 18.2-67.3 requires the use of actual force to establish sexual abuse when the complaining witness is mentally incapacitated. We hold that Code §…