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Wilkinson vs. People of the VI
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Wilkinson vs. People of the VI
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Wilkinson vs. People of the VI
S. Ct. Crim. No. 2017-0043
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Case Caption:
Wilkinson vs. People of the VI
Case Number:
SCT-CRIM-2017-0018
Date:
01/28/2025
Author:
Cabret, Maria M.
Citation:
2025 VI 4
Summary:
In an appeal from a defendant’s convictions of first degree unlawful sexual contact in violation of 14 V.I.C. § 1708(a)(1) and first degree rape in violation of 14 V.I.C. § 1701(a)(2), because the defendant’s convictions arise from the same act or course of conduct, the defendant’s conviction for first degree unlawful sexual contact is vacated the matter is remanded to the Superior Court for resentencing in accordance with the decision in Titre v. People, 70 V.I. 797 (V.I. 2019). Additionally, because 14 V.I.C. § 1701 unreasonably and arbitrarily subjects the defendant to punishment for his conduct, while allowing others who engage in the same conduct prohibited by that statute to escape punishment merely because they are married to their victims, the statute is unconstitutionally underinclusive in violation of the Equal Protection Clause. However, the appropriate remedy in this circumstance is to sever and strike the marital exemption provided in 14 V.I.C. §1701(c) from the remainder of the statute. Because the remaining portions of that statute are upheld as being constitutionally valid, the defendant’s conviction for first degree rape in violation of 14 V.I.C. § 1701(a)(2) is affirmed.
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