The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show that the act alleged was not against the will of the complaining witness.
Va. Code Ann. § 18.2-67.6
Proof of physical resistance not required
Applied in 1 court decision — leading case 2 Va. App. 627 - Farish v. Commonwealth (1986)
Most recently applied in 2 Va. App. 627 - Farish v. Commonwealth (August 1986)
1981, c. 397.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.