Clark v. Commonwealth

Opinion

BARROW, J.

This appeal is from a conviction for sexual battery. We hold that the defendant’s role as a teacher supervising the victim who was his student is not sufficient, standing alone, to constitute intimidation used to sexually abuse her.

The defendant, a teacher in a Chesterfield County middle school, was serving as a tutor-moderator for an in-house suspension program. The victim, a fifteen-year-old eighth grader, participated in the program.

The suspension was conducted in a room with about twelve students. All of the other students’ desks faced a wall away from the defendant’s…