Crimes Against the Same Person Within a Short Period of Time
In Carter v. Commonwealth, 16 Va. App. 118, 428 S.E.2d 34 (1993), the Court held that a repetition of a crime against the same victim within a short period of time did not insulate the accused from multiple convictions and punishments. Carter, 16 Va. App. at 127-30, 428 S.E.2d at 41-43.
In Carter, the defendant was convicted of three counts of raping the same victim within a single criminal episode.
In reaching that conclusion, we stated that "'rape is not a continuous offense, but each act of intercourse constitutes a distinct and separate offense.'" Id. at 127, 428 S.E.2d at 42.
Focusing on the harm to the victim, we noted that "'each rape was readily divisible and intensely personal; each offense is an offense against a person.'" Id. at 128, 428 S.E.2d at 42.
Furthermore, we also noted that the defendant should not be given "a 'free rape' merely because he chooses to repeat his crime on the same victim within a short period of time." Carter, 16 Va. App. at 128-29, 428 S.E.2d at 42.