Hylton v. Hamilton

68 Va. Cir. 305, 2005 Va. Cir. LEXIS 197
CourtCharlottesville County Circuit Court
DecidedAugust 3, 2005
DocketCase No. 03-237
StatusPublished

This text of 68 Va. Cir. 305 (Hylton v. Hamilton) is published on Counsel Stack Legal Research, covering Charlottesville County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hylton v. Hamilton, 68 Va. Cir. 305, 2005 Va. Cir. LEXIS 197 (Va. Super. Ct. 2005).

Opinion

By Judge Edward L. Hogshire

In this civil action, Matthew Hamilton has filed a motion in limine to exclude evidence of another rape allegation at trial. Briefs were submitted on the matter and an oral hearing was held on July 7, 2005. The Court granted a protective order to conceal the identity of the third party, and requested that counsel file the deposition of Jane Roe (“Witness”) with the Court under seal. Having reviewed the deposition, other relevant exhibits, applicable law, and the arguments of both parties, the Court grants Defendant’s motion.

[306]*306 Statement of Facts

In December 2001, while Constance Ann Hylton and Defendant were students at the University of Virginia, they attended a fraternity date function together. (Deposition of Plaintiff (hereinafter P. Depo.), at 38-39.) Plaintiff claims that, although the couple played drinking games periodically throughout the course of the evening, she consumed only a small amount of alcohol. (P. Depo., at 42-52.) Some of the beverages that Plaintiff partially consumed were allegedly made by Defendant, including a dark, vanilla flavored drink and an orange drink. (P. Depo., at 47, 49.) Plaintiffs memory of the events that transpired grows poorer as the night progressed, but she claims to remember violently vomiting in a bathroom at Defendant’s fraternity house. (P. Depo., at 53.) She further alleges that after she became ill, she required assistance to move, as her body felt “completely paralyzed.” (P. Depo., at 54.) Plaintiff eventually passed into unconsciousness, and woke up later in Defendant’s bed to find Defendant engaging in sexual intercourse with her. (P. Depo., at 19-22.) At this point Plaintiff contends that she both verbally and physically expressed objection to the intercourse. Defendant did not stop, however, and Plaintiff eventually passed back out of consciousness. (P. Depo., at 24.) Finally, Plaintiff claims that she woke up the next morning and aroused Defendant. She found her clothes folded on the couch in the room where she had slept, got dressed, and received a ride from Defendant back to her dorm. (P. Depo., at 61-62.)

After a story on the incident appeared in the local news media, Witness contacted Plaintiff anonymously, claiming that she had been sexually assaulted by Defendant in November of 2002, while she was a student at the University. (Defendant’s Exhibit C.) Although Witness admits that she has no clear memory of the events that transpired on the evening in question, she provided testimony as to her best recollection of the alleged assault. (Deposition of Witness (hereinafter W. Depo.), at 21-30.) Witness claims that she encountered Defendant socially for the first time at a bar and grill on the night of her alleged rape. (W. Depo., at 16-17.) She claims to have had one beer before meeting Defendant, and says that he then prepared at least one green-colored drink for her, which she consumed. (W. Depo., at 19-21.) Witness testified that upon leaving the bar she accompanied Defendant back to his fraternity house bedroom, at which point she felt far more intoxicated than what would have been typical for the amount of alcohol she drank, and her memory grew “kind of fuzzy.” (W. Depo., at 22-23.) Witness claims to remember Defendant [307]*307helping her into his lofted bed, where he took her clothes off and began having sex with her. (W. Depo., at 23.) She passed in and out of consciousness, and woke up at one point to find Defendant using a bottle of lubricant and beginning to have anal sex with her. (W. Depo., at 23, 57.) At this point Witness recalls that she “didn’t have the energy or presence of mind to tell him to stop or to object to what was going on.” (W. Depo., at 23, 57-58.) She again drifted out of consciousness, and claims to have awoken the next morning, put on her clothes, and walked home to her apartment. (W. Depo., at 23.)

Plaintiff now seeks to utilize this additional allegation in her case in order to prove issues such as intent, motive, and pattern of behavior. Defendant objects and has filed the motion in limine which gives rise to the question currently before the Court.

Question Presented

Whether, in this civil case involving an alleged rape, the plaintiff may introduce evidence of another allegation of sexual assault committed by the defendant in order to prove a pattern of behavior, motive, or intent.

Analysis

In Virginia, evidence that tends to show that the defendant committed a prior or subsequent crime is generally inadmissible to prove his guilt of the offense for which he is charged. See, e.g., Kirkpatrick v. Commonwealth, 211 Va. 269, 272 (1970); Walker v. Commonwealth, 28 Va. 574 (1829); Guill v. Commonwealth, 255 Va. 134, 138 (1998). However, several exceptions to this rule exist. Specifically, evidence of other bad acts may, in some circumstances, be admitted to prove a material fact or element of the present charge such as motive, intent, identity, knowledge, pattern of behavior, etc. See, e.g., Bell v. Commonwealth, 264 Va. 172 (2002); Satcher v. Commonwealth, 244 Va. 220 (1992); Spencer v. Commonwealth, 240 Va. 78, (1990); Hawks v. Commonwealth, 228 Va. 244 (1984). In such situations, the trial judge, in his sound discretion, must determine that the probative value of the evidence outweighs its prejudicial effect. See Scates v. Commonwealth, 262 Va. 757 (2001).

In order for evidence of additional sexual assaults or other crimes to be admitted in accordance with the exceptions noted above, the other acts must “be shown to have a causal relation or logical and natural connection with [308]*308the crime charged.” Shifflett v. Commonwealth, 29 Va. App. 521, 529 (1999); see also Guill, 255 Va. at 140. Even a single additional bad act is potentially relevant and admissible. See Barber v. Commonwealth, 182 Va. 858, 864 (1944). Although the standard was initially set forth in instances where evidence was potentially relevant for purposes of determining identity, the test appears to have been extended to cases where other exceptions, such as intent and pattern, are at issue, and is met “when the other incidents are sufficiently idiosyncratic to permit an inference of pattern for purposes of proof, thus tending to establish the probability of a common perpetrator.” Spencer, 240 Va. at 90; see also Guill, 255 Va. at 141; Shifflett, 29 Va. App. at 530-31 (“When evidence of idiosyncratic similarities in an accused’s mode of attack exists and constitutes a logical connection with the crime charged, such evidence may be admitted for the purpose of establishing, by inference, the accused’s intent [and] motive . . . as well as the perpetrator’s identity.”); Resio v. Commonwealth, 1998 Va. App. LEXIS 305, *9 (“The prior crime does not have to be a ‘signature’ crime but must show ‘a singular strong resemblance to the pattern of the offense charged’.”) quoting Spencer, 240 Va. at 90.

The courts have upheld the admission of evidence of other crimes in cases where the prior or subsequent acts were both strikingly similar to the indicted offense and particularly distinctive or idiosyncratic. See Spencer, 240 Va.

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Bluebook (online)
68 Va. Cir. 305, 2005 Va. Cir. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hylton-v-hamilton-vacccharlottesv-2005.