Johnson v. Commonwealth
In Johnson v. Commonwealth, 221 Va. 872, 275 S.E.2d 592 (1981), the Supreme Court reversed appellant's abduction conviction because the evidence did not support a finding that the defendant either intended to defile the victim or deprive her of her personal liberty.
Rather, the evidence was consistent with an intent to persuade her to engage in consensual sexual intercourse. See id. at 879, 275 S.E.2d at 596-97.
The Court reversed the conviction for abduction because the intruder held a woman "in furtherance of his sexual advances and not with the intent to deprive her of her personal liberty, although such a deprivation did occur momentarily." Id. at 879, 275 S.E.2d at 597.
The intruder, as shown by his actions, had no intention of detaining because he released her when she resisted.