Robert Allen Hutton v. Commonwealth of Virginia
66 Va. App. 714
| Va. Ct. App. | 2016Background
- Between Aug–Nov 2014, 15‑year‑old B.H. frequently visited Robert Hutton’s home (Hutton was 39); some visits occurred when his mother was present and some when she was not.
- During that period, Hutton and B.H. had sexual intercourse about five times; B.H. later became pregnant (paternity unestablished at trial).
- B.H.’s mother never entrusted custody to Hutton, warned her daughter to stay away, and testified she did not ask Hutton to babysit; Hutton told the mother he was “being a mentor.”
- The Commonwealth charged Hutton with rape, then amended the indictment (without objection) to allege indecent liberties under Va. Code § 18.2‑370.1(A), which requires that the defendant 18+ “maintain[] a custodial or supervisory relationship” over the child.
- At trial the court denied Hutton’s motion to strike, convicted him of taking indecent liberties, and sentenced him (suspended most time served); Hutton appealed claiming insufficient evidence of a custodial/supervisory relationship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved Hutton “maintained a custodial or supervisory relationship” with B.H. under § 18.2‑370.1(A) | The Commonwealth: Hutton’s repeated hosting, giving gifts, calling himself a “mentor,” and instances of being alone with B.H. established supervisory relationship | Hutton: No entrustment, caretaking, job duty, or other affirmative control establishing supervision; mere social visits and hospitality are insufficient | Reversed: Insufficient evidence of a supervisory/custodial relationship as required by statute |
Key Cases Cited
- Krampen v. Commonwealth, 29 Va. App. 163 (Va. Ct. App. 1999) (adult transporting teen with parental permission can be in babysitter-like supervisory role)
- Guda v. Commonwealth, 42 Va. App. 453 (Va. Ct. App. 2004) (school security officer’s job duties establishing care and control supports supervisory relationship)
- Sadler v. Commonwealth, 276 Va. 762 (Va. 2008) (coach‑athlete relationship can be exploited even outside team activities; supervisory relationship need not be limited to conduct directly tied to role)
- Kolesnikoff v. Commonwealth, 54 Va. App. 396 (Va. Ct. App. 2009) (longstanding family‑like hospitality and authority over visiting child supports supervisory role)
- Linnon v. Commonwealth, 287 Va. 92 (Va. 2014) (assigned school supervisory duties over students can create the statutory relationship even when abuse occurs off campus)
- Snow v. Commonwealth, 33 Va. App. 766 (Va. Ct. App. 2000) (voluntary course of conduct can create duty of care for child under related child‑abuse statute)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence: whether any rational trier of fact could find guilt beyond a reasonable doubt)