Sanford v. Commonwealth

HALEY, Judge.

Within Article 7 of Title 18.2 of the Code, “Criminal Sexual Assault,” Code § 18.2-67.10(3) defines “Mental Incapacity” as “that condition ... existing at the time of an offense ... which prevents the complaining witness from understanding the nature or consequences of the sexual act involved----” Charles M. Sanford was convicted by the trial court of forcible sodomy (cunnilingus), accomplished through the use of the victim’s mental incapacity, in violation of Code § 18.2-67.1(A)(2). Sanford does not argue that the evidence is insufficient to establish the act of sodomy. Rather,…