CLARK v. COM.

Record No. 0754-90-2.

408 S.E.2d 564 (1991)

Melton CLARK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 27, 1991.


Attorney(s) appearing for the Case

Steven D. Benjamin, Richmond, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and ELDER, JJ.


BARROW, Judge.

This appeal is from a conviction for sexual battery. We hold that the defendant's role as a teacher supervising the victim who was his student is not sufficient, standing alone, to constitute intimidation used to sexually abuse her.

The defendant, a teacher in a Chesterfield County middle school, was serving as a tutor-moderator for an in-house suspension program. The victim, a fifteen-year-old eighth grader, participated in the program.

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