DRINKING. SEX. “PHYSICALLY HELPLESS” – PARALLEL BETWEEN THE SEXUAL ASSAULT CHARGES FACED BY RAY ANTHONY LEWIS III AND VIRGINIA LAW.

  • Devanshi Patel,
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  •   Comments Off on DRINKING. SEX. “PHYSICALLY HELPLESS” – PARALLEL BETWEEN THE SEXUAL ASSAULT CHARGES FACED BY RAY ANTHONY LEWIS III AND VIRGINIA LAW.

Ray Anthony Lewis, III, the son of Ray Lewis Jr., former Super Bowl Most Valuable Player and one of the greatest linebackers of all time, has been charged with third degree criminal sexual conduct in South Carolina for allegedly “sexually assaulting an 18-year-old woman while knowing she was under the influence,” and “when the defendant knew or had reason to know that the victim was mentally defective, mentally incapacitated or physically helpless.”  Lewis III, a cornerback at Coastal Carolina University, has been placed on “indefinite suspension” by his team.  He currently is released on a $10,000.00 bond.

Virginia, like South Carolina, criminalizes “sexual intercourse with a complaining witness, whether or not his or her spouse . . . through the use of the complaining witness’s mental incapacity or physical helplessness”, and punishes such behavior as forcible rape.  “Physical helplessness” has been held to include incapacitation due to voluntary intoxication.  The punishment upon a determination of guilt is five years to a life term subject to certain conditions.  Moreover, in these alcohol-facilitated sexual assault cases, there is a presumption against bond.  Accordingly, a person accused of engaging in sexual intercourse with a person who is physically helpless as a result of incapacitation due to alcohol or other substance may have to remain in jail pending adjudication of the charge.  See  Va. Code § 18.2-61.

While there can be little argument that forcible rape as it is often perceived (i.e., “stranger danger” etc.) should be appropriately punished, and the same can be said when a person engages in sexual intercourse with a person knowing that he/she is incapacitated due to alcohol or other substance (i.e. “physically helpless”).  Consider, however, an alcohol-facilitated sexual assault charge arising from an incident when both individuals are under the influence of alcohol and/or other substance at the time of intercourse.  Importantly, Virginia law does not take into account the impairment of the accused.  Thus, whether an accused was under the influence of alcohol or other substance at the time of the alleged sexual conduct is not considered; only the mental or physical state of the complaining witness.

Alcohol-facilitated sexual assault charges are serious and require experienced legal representation.  If you have been charged with alcohol-facilitated sexual assault, contact our office to schedule a consultation, including a comprehensive case evaluation with a former prosecutor with nearly twenty years of experience.


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