A. An accused is guilty of sexual battery if he sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse.
Where sexual abuse is defined:
“Sexual abuse” means an act committed with the intent to sexually molest, arouse, or gratify any person, where:
a. The accused intentionally touches the complaining witness’s intimate parts or material directly covering such intimate parts;
b. The accused forces the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts;
c. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts; or
d. The accused forces another person to touch the complaining witness’s intimate parts or material directly covering such intimate parts.
Originally charged with one count of forcible sodomy of an unnamed female victim—a felony carrying a possible life sentence—Dumler’s predicted “favorable resolution” became less conceivable when other alleged victims (two are referenced in Dumler’s Plea Agreement) came forward with claims of sodomy and rape.
The Scottsville Democrat pled guilty to the lesser charge in order that he might quickly, “get right back to work for the people of the Scottsville District,” as Dumler set forth in a post-sentencing statement.
Felony conviction, by statute would have forced the wayward Supervisor’s resignation from the Albemarle Board. Dumler cunningly avoided that scenario through his cleverly crafted plea agreement with the Commonwealth, and his statement has made clear that voluntary withdrawal currently is not under consideration.
Under a brief list of conditions, Dumler was sentenced to one year in jail with all but sixty days suspended. News reports indicate that the Supervisor will face incarceration of only thirty days, and that he desires his “time” to be served on weekends. Ostensibly, that decision rests with the Albemarle Charlottesville Regional Jail. Notably, Dumler is a former member of the jail authority board and previously received deferential treatment when jail administration allowed him to exit his initial incarceration through a seldom-used side door in order to avoid gathered media—a privilege rarely extended.
Dumler has been entrusted to the psychiatric supervision of Dr. Jeffrey Fracher—a progressive extremist and frequent sex-crime apologist—who will perform a court-mandated psychosexual evaluation on the convict. In 2005, Fracher infamously mis-evaluated ex-Scoutmaster and accused child sodomist, David Brian Watkins as follows:
“It is the opinion of this examiner, with a reasonable degree of scientific certainty, that David B. Watkins represents no current threat to [children], with regard to his sexual behavior.”
In an ironic twist, Dr. Fracher was featured in The Hook’s July 25, 2002 “week in review” column, mocking sexually sleazy and ethically deceptive Republicans:
Best satirical letter to the editor in the July 21 Progress: Jeffrey Fracher lists seminars for the Republican Party Institute for Advanced Studies in Sleaze and Deception, including “How to Hug without Harassing A Hands-on Approach,” Instructor: Vance Wilkins; and “Wiretapping Who Cares If It’s Unethical? Is It Legal?” Instructor: Ed Matricardi.
1 He who is often reproved, yet stiffens his neck,
will suddenly be broken beyond healing.
2 When the righteous increase, the people rejoice,
but when the wicked rule, the people groan.
3 He who loves wisdom makes his father glad,
but a companion of harlots squanders his wealth.
4 By justice a king builds up the land,
but he who exacts gifts tears it down.
5 A man who flatters his neighbor
spreads a net for his feet.
6 An evil man is ensnared in his transgression,
but a righteous man sings and rejoices. —Proverbs 29:1-6