Martin v. Com.’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The 2004 amendment added a new subparagraph (c) to the definition of sexual abuse set out in that statute: where the accused causes a victim under the age of thirteen to touch the intimate parts or clothing covering the intimate parts of the accused, the victim or another person. Code § 18.2-67.10(6)(c). The 2004 amendment did not remove the element of force from the other actions defined as sexual abuse nor did it define “force” to exclude constructive force. The substantive change effected by the 2004 amendment was the creation of a category of sexual abuse based on the age of the victim. While force is not an element of this category of sexual abuse, it does not follow that actions undertaken with constructive force could not qualify as sexual abuse under other provisions of the current statute or under the provisions of the previous statute. Therefore, we do not consider the 2004 amendment as altering the definition of force when used in the context of sexual crimes.”

   1 later decision quote this exact passage · from the dissent
   e.g. 56 Va. App. 491 - Nicholson v. Commonwealth

2. “the use of a common set of facts for proof of differing elements of a crime is [not] incongruous. The prosecution for aggravated sexual battery in this case required a showing of sexual abuse under Code § 18.2-67.10(6)(b), which includes proof of force, and a showing that the victim was under 13 years of age, Code § 18.2-67.3(A)(1). The common factual element in this case-the age of the victim-serves as proof of both the force requirement and the age requirement. Such a circumstance is neither improper nor incongruous.”

   1 later decision quote this exact passage · from the dissent
   e.g. 56 Va. App. 491 - Nicholson v. Commonwealth

3. “[I]n the context of a rape prosecution, we held that constructive force exists if the victim could not legally consent to the act. Stump [v. Commonwealth ], 137 Va. [804,] 807, 119 S.E. [72,] 73 [ (1923) ]. Proof of the absence of legal consent provides “all the force which the law demands as an element of the crime.” Bailey v. Commonwealth, 82 Va. (97 Hans.) 107, 111 (1886).”

   1 later decision quote this exact passage
   e.g. 56 Va. App. 491 - Nicholson v. Commonwealth