Clay v. Commonwealth

Opinion

MOON, J.

Kenneth C. Clay was convicted by a Chesterfield County Circuit Court jury of rape, forcible sodomy, abduction and robbery. He appeals the robbery conviction on the grounds that when he used the victim’s credit card in her presence to obtain funds from an electronic bank teller machine, he was not robbing her but was taking money from the bank. We do not agree because the money was taken from her while it was in her constructive possession. Clay also appeals the rape conviction on the ground that the court improperly instructed the jury on previous consensual sexual relations…