Adkins v. Commonwealth

COLEMAN, Judge.

Robert Adkins was convicted, in a bench trial, of rape for having had sexual intercourse with a person, not his spouse, through the use of her mental incapacity in violation of Code § 18.2-61(A)(ii). The trial judge sentenced Adkins to twenty years in the penitentiary.

On appeal, Adkins contends that the trial judge erred by admitting evidence of a doctor’s “opinion” as to the victim’s IQ. He argues that the doctor should not have been permitted to give an opinion because it was not based on IQ test results that had been admitted into evidence or upon tests administered by him.…