Johnson v. Johnson
In Johnson v. Johnson, 221 Va. 872, 275 S.E.2d 592 (1981), the defendant knocked on the victim's apartment door and asked her for a drink of water.
When the victim turned to get the glass of water, the defendant came up behind the victim and grabbed her. The defendant held the victim for ten to fifteen seconds while "rubbing his hips back and forth on her rear end."
The Virginia Supreme Court held:
When the defendant put his arms around the victim and held her tightly this was done in furtherance of his sexual advances and not with the intent to deprive her of her personal liberty, although such deprivation did occur momentarily.Id. at 879, 275 S.E.2d at 597.
Accordingly, the Supreme Court held the evidence was insufficient to support a conviction for abduction. Id.