White v. Commonwealth

BAKER, Judge.

Rudolph Nathaniel White (appellant) appeals from his bench trial conviction by the Circuit Court of York County (trial court) for rape of a fourteen and one-half-year-old female (complainant). Appellant admitted having sexual intercourse with complainant at the time charged in the indictment but contended that it was consensual. Because the trial court found that the sexual act did not occur by force, the sole issue on appeal is whether it occurred “through the use of [complainant’s] mental incapacity” in violation of Code § 18.2-61. For the reasons that follow, we reverse.

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