Lee Jeffrey Borras v. Commonwealth of Virginia
2007152
| Va. Ct. App. | May 30, 2017Background
- Victim C.H. attended a drinking party at a mobile home shared by a coworker and appellant Lee Jeffrey Borras; she became extremely intoxicated and fell asleep in a spare bedroom.
- While groggy, C.H. woke to Borras naked and pulling down her pants, resisted, and testified he forced her legs open, pinned her, and raped her while saying he would "F" her.
- C.H. sought medical care, was examined by a sexual-assault nurse examiner, filed a police report, and testified to ongoing psychological symptoms (nightmares, flashbacks, panic attacks, weekly counseling for over a year, medication).
- A grand jury indicted Borras for rape (Code § 18.2-61) and aggravated sexual battery (Code § 18.2-67.3); after a bench trial the court convicted him of both offenses and sentenced him to 20 years with 10 suspended.
- The trial court found C.H.’s testimony credible, Borras’s testimony not credible, and specifically concluded C.H. suffered "serious mental injury" as required for aggravated sexual battery.
- The court also revoked part of a prior suspended sentence based on the new convictions; Borras appealed raising three assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of "serious mental injury" for aggravated sexual battery | Commonwealth: C.H.’s nightmares, flashbacks, panic attacks, ongoing weekly counseling and medication show serious mental injury traceable to the assault | Borras: Evidence insufficient; injuries are typical of sexual battery and medical/exam reports undermine severity | Affirmed — evidence (frequency, duration, treatment, panic attacks, counseling) sufficient under Gozin standard |
| Double conviction for rape and aggravated sexual battery based on same conduct | Commonwealth: convictions supported by proof of force and serious mental injury distinct element | Borras: Conviction of both crimes violates single-act/double punishment concerns (raised belatedly) | Waived under Rule 5A:18; ends-of-justice exception not shown, so not considered |
| Revocation of prior suspended sentence based on new convictions | Commonwealth: convictions are sufficient grounds to revoke suspended sentence | Borras: Revocation improper if aggravated sexual battery conviction was invalid | Affirmed — convictions stand, so revocation was proper |
Key Cases Cited
- Gozin v. Commonwealth, 59 Va. App. 1 (Va. Ct. App.) (examples and standard for what constitutes "serious mental injury" for aggravated sexual battery)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of the evidence)
- Williams v. Commonwealth, 49 Va. App. 439 (Va. Ct. App.) (viewing evidence and inferences in light most favorable to the Commonwealth)
- Spencer v. Commonwealth, 238 Va. 275 (Va. 1989) (affirming standard that judgment must be upheld unless plainly wrong or unsupported)
- Resio v. Commonwealth, 29 Va. App. 616 (Va. Ct. App.) (holding that criminal conviction is sufficient to support revocation of a suspended sentence)