Woodard v. Commonwealth

WILLIS, Judge.

On appeal from his bench trial conviction of sexual battery in violation of Code § 18.2-67.4, Roger Lee Woodard contends that the evidence is insufficient to support that conviction because (1) the complaining witness gave inconsistent statements; (2) his alibi evidence required his acquittal; and (3) the Commonwealth failed to prove that he sexually abused the complaining witness against her will by intimidation. Because the Commonwealth failed to prove that the sexual abuse was accomplished by intimidation, we reverse the conviction and remand the case to the trial court.

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