Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269

Victim R.W. and her husband lived with appellant Johnathan Robinson and his girlfriend in May 2017; R.W. had previously complained about nonconsensual touching by Robinson.
On May 23, 2017, R.W. and her sister knocked to enter the locked house; Robinson opened the door, said she had woken him, then grabbed R.W.’s breasts “right behind [her] nipples” and “twisted as hard as he could.”
R.W. testified she smacked his hands away; her sister testified Robinson held the touching for “about maybe a minute” before releasing.
Robinson moved to strike; the trial judge found the conduct met the statutory “force” element and convicted Robinson of sexual battery under Va. Code § 18.2-67.4.
On appeal, a panel reversed; the Commonwealth obtained rehearing en banc, and the en banc Court of Appeals affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the touching was committed “by force” under Va. Code § 18.2-67.4	Commonwealth: the intensity and duration ("twisted as hard as he could" and ~1 minute hold) show force beyond mere touching	Robinson: the restraint was inherent in the touching; no separate force used to overcome victim’s will — surprise/nonconsensual touching is insufficient	Held: Evidence sufficed; a rational factfinder could find requisite force under the totality of circumstances

Riner v. Commonwealth, 268 Va. 296 (standard for viewing evidence in light most favorable to Commonwealth)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review — any rational trier of fact)
Johnson v. Commonwealth, 5 Va. App. 529 (1988) (discussed and overruled en banc regarding requirement that force overcome will)
Woodard v. Commonwealth, 27 Va. App. 405 (1998) (surprise touching not necessarily intimidation or force)
Jones v. Commonwealth, 219 Va. 983 (force element analyzed by totality of circumstances)