Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 7. Criminal Sexual Assault
Virginia Code

Va. Code Ann. § 18.2-67.6 (2026)

Proof of physical resistance not required

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The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show that the act alleged was not against the will of the complaining witness.

1981, c. 397.

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 1986–2025 · leading case: Farish v. Commonwealth, 346 S.E.2d 736 (Va. Ct. App. 1986).
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Farish v. Commonwealth, 346 S.E.2d 736 (Va. Ct. App. 1986). · cites it 6× “Code § 18.2-67.6 states: The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show…”
Jason Aaron Bard v. Commonwealth of Virginia, No. 1304233 (Va. Ct. App. Aug. 27, 2024). · cites it 6× “627, 631 (1986); see Code § 18.2-67.6. Hence, the absence of resistance only remains relevant to the issue of whether the alleged sexual act was “against the will of the complaining witness.”
Gilbert R. Nelson v. Commonwealth of Virginia, 863 S.E.2d 886 (Va. Ct. App. 2021). · cites it 2× “See Code § 18.2-67.6 (“The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted .”
James Andrew Nutter v. Commonwealth of Virginia, No. 1275213 (Va. Ct. App. Jan. 10, 2023). · cites it 2× “983 , -7- 986 (1979)); see also Code § 18.2-67.6 (“The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted .”
Mohammed Sabri Laylani v. Commonwealth of Virginia, No. 0128223 (Va. Ct. App. May 16, 2023). · cites it 2× “Code § 18.2-67.6; see also Farish v. Commonwealth, 2 Va.”
Andrew Luke Neff v. Commonwealth of Virginia, No. 1307222 (Va. Ct. App. Feb. 6, 2024). · cites it 2× “Minor discusses the crime of rape; however, the elements are similar in regard to intent and consent and therefore can be analogized in this case. See 267 Va.”
Ieuan Rhys Phillips v. Commonwealth of Virginia, No. 1546222 (Va. Ct. App. Apr. 16, 2024). · cites it 2× “” Code § 18.2-67.6. See Farish v. Commonwealth, 2 Va.”
Bernardo Orozco v. Commonwealth of Virginia, No. 0205244 (Va. Ct. App. Aug. 5, 2025). · cites it 2× “See Code § 18.2-67.6 (“The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article .”
Steven Eric Holden v. Commonwealth, No. 2245972 (Va. Ct. App. June 30, 1998). · cites it 2× “" The Commonwealth concedes in its brief that the sodomy was not accomplished through the use of a "threat" because - 2 - While LaShawna neither protested nor resisted, the Commonwealth was not required to prove that she "cried out" or "physically resisted.”
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