The Charges Against Jesse Leroy Matthew

[leah]

Just re-read a better copy of indictment....any object other than a bona fide medical...so it is penetration with anything, including penis. JMO

First thought in my head, penetration with an object, he is impotent. Are there any rapes and murders that have been done with someone who is impotent? Just thought, someone here may know. Maybe just a crazy thought of mine, I have many.

 

[johnallore]

Indictment reads,

"The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of
Fairfax, and now attending the said Court at its September Term, 2014, charges that: On or about the
24th day of September, 2005, in the City of Fairfax, Jesse Leroy Matthew, Jr. did feloniously,
willfully, deliberately, intentionally and with premeditation attempt to kill R.G. in the commission of
or subsequent to an abduction with the intent to defile.

The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of
Fairfax, and now attending the said Court at its September Term, 2014, charges that: On or about the
24th day of September, 2005, in the City of Fairfax, Jesse Leroy Matthew, Jr. did feloniously abduct
R.G. with the intent to defile.

The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of
Fairfax, and now attending the said Court at its September Term, 2014, charges that: On or about the
24th day of September, 2005, in the City of Fairfax, Jesse Leroy Matthew, Jr. did feloniously
penetrate the labia majora of R.G., who is not his spouse, with any object other than for a bona fide
medical purpose, against her will, by force, threat or intimidation. "

www.theresaallore.com

 

[Le Singe]

I would dare say it's being filed first because LE has the evidence - they don't have to "build" their case and determine what happened to the victim - they have her statement, more than likely a rape kit (which is probably how his DNA was linked to the case), a possible eyewitness account (the person who scared him off), etc. This case is the strongest at this point. Frankly, anything to keep him jail is enough for me until they can build the murder cases for Morgan and Hannah (and any other potential victims).

I'm not an attorney so take this with a grain of salt but wouldn't she have to be at the trial in order to use her statement. Isn't there some requirement that you be able to question people making statements about you?

 

[emmanan]

Virginia law considers object sexual penetration a felony separate from rape.

§ 18.2-67.5

Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.

A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.


§ 18.2-61. Rape.

A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.

§ 18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

 

[wall0214]

Count 3 Penetration with an OBJECT!!! EEK. Is THAT his MO???? JMO

That's the blanket title of the statute:

prev | next
§ 18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition:

1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or

2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.

The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.

In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.

C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

 

[Conductor71]

I'm wondering the same. If she had died and with the DNA direct hit, the chances for a convict would be very good. But if she is alive, would she have to be in court with that exact same DNA evidence?

Especially if she does not want to come forward. How can you convict of attempted murder without victim's consent. Maybe there is precedent for that but kinda weird.

IMO, I think this charge is likely being used more to build a case for MH and HG. Shows escalating violence. Unless victim comes forward I can't see a conviction. However, I wonder if it could be a factor if there is a conviction in other case(s).

 

[ksj3]

I'm not an attorney so take this with a grain of salt but wouldn't she have to be at the trial in order to use her statement. Isn't there some requirement that you be able to question people making statements about you?

In Virginia, you have the right to face your accuser. However, it appears in this case his accuser is the Commonwealth of Virginia.

 

[bessie]

FYI, two new threads will open shortly

1. Press conference thread opens at in 15 minutes

2. The second thread will open after the presser.

PRESS CONFERENCE: October 20, 2014, JLM Indicted in 2005 Fairfax Rape Case

JLM Charged in 2005 Farifax Rape Case

 

[lil212]

Okay, then. Thank you nbc for answering my question!

http://www.nbc29.com/story/26832199...ted-for-2005-sexual-assault-in-fairfax-county

Just looking at his face (like on this news link) makes anger surge through my chest!!

 

[jamicat]

In Virginia, you have the right to face your accuser. However, it appears in this case his accuser is the Commonwealth of Virginia.

I think in any criminal case, the accuser is the state or the feds. I guess the question here is simply whether the victim in the Fairfax rape case would have to come to court for the trial or not. With a direct DNA match, and I'm sure they got a very good , good as they can be match, it's pretty much a slam dunk. Now if she'd died when this happened, clearly, she would not have to be here and the case would have a good chance of a guilty verdict with such straight forward DNA match that I think is here. But that she is not dead, if she does not show up, would that be an issue?

 

[dotr]

First thought in my head, penetration with an object, he is impotent. Are there any rapes and murders that have been done with someone who is impotent? Just thought, someone here may know. Maybe just a crazy thought of mine, I have many.

Been thinking that as well, less judgement from victim if she is intoxicated/ not lively..... imo
Not sure if charge posted or not.
http://ftpcontent.worldnow.com/wvir/documents/MatthewFairfaxIndictment.pdf

 

[littlemaybaby]

Virginia law considers object sexual penetration a felony separate from rape.

§ 18.2-67.5

Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.

A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.


§ 18.2-61. Rape.

A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.

§ 18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

Pure speculation here, but would rape require victim testimony (the right to confront the accuser), whereas the object penetration may not require victim testimony? There has been a lot of skepticism that the victim from 2005 will come forward (some sources say she left the country). So maybe they can't charge rape without her? Would that make any sense?

 

[Jo in Calif]

Just wondering, how does anyone know if LE has or has not contacted the rape victim and she is willing to testify?

 

[littlemaybaby]

Can they convict without the victim testifying?

I wonder if this is why they charged with object penetration instead of rape? Is it possible that it would require victim testimony and rape would? (I don't know . . . But it's curious they didn't charge with rape.)

 

[erica115]

I believe that it IS rape, but if there is no evidence of semen then DNA source is more difficult to discover. JMO

It's possible that the charge is written this way because the victim escaped before what we, er, normally consider penetration, happened. So there could have been penetration but not THAT kind.

 

[littlemaybaby]

Dup post. Sorry.

 

[hambirg]

I believe that it IS rape, but if there is no evidence of semen then DNA source is more difficult to discover. JMO

No. It's two different statutes.

Code of Virginia § 18.2-67.2 - Object sexual penetration;
http://law.justia.com/codes/virginia/2006/toc1802000/18.2-67.2.html

Penetration with an object or an animal. :sick:

Code of Virginia § 18.2-61
http://law.justia.com/codes/virginia/2006/toc1802000/18.2-61.html- Rape

 

[gitana1]

I'm relieved by this news. Good way to keep him locked up pending murder charges.

 

[bessie]

This thread is open now. PC scheduled to being in 10 minutes.

[h=1]PRESS CONFERENCE: October 20, 2014, JLM Indicted in 2005 Fairfax Rape Case[/h]

 

[klily444]

I think in any criminal case, the accuser is the state or the feds. I guess the question here is simply whether the victim in the Fairfax rape case would have to come to court for the trial or not. With a direct DNA match, and I'm sure they got a very good , good as they can be match, it's pretty much a slam dunk. Now if she'd died when this happened, clearly, she would not have to be here and the case would have a good chance of a guilty verdict with such straight forward DNA match that I think is here. But that she is not dead, if she does not show up, would that be an issue?

If that is the case, that she must be present, I would hope LE put some forethought into that "problem" and didn't move forward without certainty that they can prosecute this case.