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By National Center for the Prosecution of Child Abuse, Virginia. Dept. of Criminal Justice Services

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The lack of “recentness” of the complaint goes to the weight of the evidence rather than its admissibility. Id. 2d at 618. Similarly, in Mitchell v. Commonwealth, 25 Va. App. 2d 551 (1997), the Court of Appeals ruled that rebuttal testimony by the brother of a twelve-year-old victim of a sodomy proposal about statements the brother made to him was admissible as a recent complaint of sexual assault although it could not be admitted as a prior consistent statement. b. 10).

2d 650 (1984) (testimony of witnesses tending to show defendant’s attempts to lure women into his vehicle to abduct and rape them relevant to corroborate testimony of victim and to contradict defendant’s claim that victim had “flagged him down” and “jumped in his 42 pickup”); Foster v. Commonwealth, 6 Va. App. 2d 688, 694 (1988) (evidence of defendant’s attempts to entice young girls to be photographed admissible to show his intent). Cf. Day v. Commonwealth, 196 Va. 2d 23 (1955) (evidence of stalking by defendant of another victim earlier in the evening inadmissible for the purpose of showing defendant’s state of mind to molest women); White v.

2d 72 (1997), a child died at two months old of head injuries as a result of the “shaken baby syndrome,” and the father 32 was convicted of the second degree murder of the infant. The en banc Court of Appeals decided the trial court did not err in admitting evidence of rib fractures between two to four weeks old and a separate head injury that occurred about four to eight days before the death. The prior injuries occurred during a time when either Pavlick had sole physical custody of the infant or when the paternal grandmother was present, and she testified without contradiction that she had never shaken the infant.

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Child abuse: Virginia statutes and case law by National Center for the Prosecution of Child Abuse, Virginia. Dept. of Criminal Justice Services


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