subject: Virginia Alexandria Federal Rape Sexual Assault Lawyers Attorneys [print this page] Virginia Alexandria Federal Rape Sexual Assault Lawyers Attorneys
UNITED STATES OF AMERICA v. RICHARD JAMES
Facts:
On February 9, 1998 at 2:30 to 3:30 am, defendant drove Victim to a secluded wooded area on Fort Belvoir, Virginia property. Once there, he told her "I am going to bang you up or have sex with you." Victim told him "no" and began to scream. To silence her and overcome her physical resistance, defendant choked her, pulled her hair and bit her lip, causing it to bleed. He also pulled down her pants and then twice forced her to have sexual intercourse with him in the vehicle. Following the rapes, defendant instructed victim to put on her pants. He then drove west on Backlick Road towards Interstate 95. At a Backlick Road traffic light prior to the entrance ramp to Interstate 95, victim jumped out of the vehicle and ran to a gas station. She told a tow truck driver in the parking lot of the station that she had been raped and requested that he call the police. The Fairfax County Police and the United States Army Military Police were then notified. Earlier in the evening, defendant and victim had purchased a $ 20 rock of crack cocaine, which they smoked at his house. The court determined that defendant was a career offender pursuant to U.S. Sentencing Guidelines Manual 4B1.1 because defendant was over 18 years of age, the instant offense was a crime of violence, and defendant was convicted on three previous occasions of crimes of violence. Defendant was convicted of aggravated sexual assault in violation of 18 U.S.C.S. 2241(a). Defendant filed a motion for departure from the sentencing guidelines.
Issue:
Whether the Defendant is eligible for downward departure based on the contention that the "victim's wrongful conduct contributed significantly to provoking the offense behavior." U.S.S.G. 5K2.10?
Discussion:
The court found defendant's reliance on U.S. Sentencing Guidelines Manual 5K2.10 impermissible because the conduct of the victim was not sufficient to warrant a departure in the context of criminal sexual abuse offenses. The court found that the law protects all persons from rape, regardless of their past virtue, history, or criminal conduct. The court also found defendant's reliance on U.S. Sentencing Guidelines Manual 4A1.3 impermissible. The court reasoned that the department provisions of 4A1.3 did not apply to career offenders because to conclude otherwise would not depart from Congress' intention that career offenders receive a sentence of imprisonment at or near the maximum term authorized.
Accordingly the court determined that defendant was a career offender and denied defendant's motion for departure of the sentencing guidelines. Defendant was sentenced to 360 months and 3 years of supervised release following his incarceration for his conviction of aggravated sexual assault.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
