Kelley v. Commonwealth (P)

Evidence supports the defendant’s convictions for assault and battery under Code § 18.2-57.

The circuit court had the opportunity to evaluate the credibility of the victim’s testimony that the defendant “grabbed [her] face and turned it towards him as [she] was saying no, no, no and leaning back away from him [while he] attempted to kiss [her],” including the possibility of ulterior motive on her part. Because the testimony was neither inherently incredible nor so contrary to human experience as to render it unworthy of belief, the circuit court’s resulting conclusions will not be disturbed.

It was also entirely reasonable for the circuit court to conclude that the defendant intended to act in a rude manner in trying to kiss the victim and grabbing her face. He admittedly realized that she was “uncomfortable” and, after she pulled away, said “[w]e’ll save the kiss for later.” The circuit court likewise did not err in rejecting the defendant’s theory that he touched the victim in a congenial manner in order to convey gratitude.

Affirmed.

Kelley v. Commonwealth (P), No. 1063-17-4, Jan. 8, 2019. CAV (Decker) from Loudoun (Sincavage).



Categories: Court of Appeals of Virginia, Opinions, Published

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