In a recent opinion, a Virginia appellate court upheld a trial court’s decision to deny the defendant’s motion to strike and reconsider despite the defendant claiming that additional elements are required to prove marital rape. The decision provides valuable insight into marital rape law in Virginia.
According to the court’s opinion, the case involved a married couple who had a rocky relationship but shared a bed together. The wife alleged that while she was sleeping one night, she woke up to find her husband (the defendant) on top of her and that, despite her protests, he engaged in non-consensual intercourse with her. The next day after work, the wife reported the rape incident to the police and was examined at a hospital where the examiner took photos of the bruises on her leg. The defendant was questioned by police, and at first, denied having intercourse with her within the past month. However, the defendant’s DNA evidence was found. Additionally, the defendant had a scratch on his shoulder. The wife also had sent the defendant a text the day after the incident asking why he did that to her.
At trial, the defendant claimed that his wife initiated the sexual intercourse. Additionally, the defendant apologized to his wife through text for whatever it was that he did, testifying in court that he knew he did something to upset her. Despite this, the defendant argued that the evidence was not sufficient enough to prove rape. The trial court found the defendant guilty of rape based on the wife’s credible testimony. The defendant filed a motion to reconsider, arguing that this court had to follow the cases previously decided by the court, cases which had determined that there were additional elements required before one could be convicted of rape when the victim is a spouse.