Commonwealth v. Wills

By Judge William H. Ledbetter, Jr.

The issue raised by the defendant’s pre-trial motion is whether a “fresh complaint” of a sexual offense is admissible under Virginia Code § 19.2-268.2 even when the victim does not testify.

Facts

The grand jury has indicted Michael John Wills on charges of aggravated sexual battery, sodomy, and felony child abuse. The alleged victim is his three-year-old daughter.

Mr. Wills has been arraigned and has entered pleas of not guilty, and his case is set for trial by jury.

On February 18, 1998, the court heard arguments on Mr. Wills’ pretrial motion to exclude the…