Gonzales v. Commonwealth

McCLANAHAN, J.,

with whom KELSEY, J., joins, dissenting.

Commonwealth v. Minor, 267 Va. 166, 591 S.E.2d 61 (2004), held that other crimes evidence has no logical bearing on consent, a function of the rape victim’s state of mind. Minor did not hold — and it specifically disclaimed any intention to hold — that such evidence can never have any bearing on mens rea, a function of the rapist’s state of mind. By conflating the two, the majority has done just what Minor said could not be done. They have “blurred” two “distinct” concepts — the defendant’s intent and the victim’s consent. Id. at 173, 591…