Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, August 4, 1993 TAG: 9308040215
SECTION: VIRGINIA PAGE: C4 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: MANASSAS LENGTH: Medium
The indictment against John Bobbitt of Manassas was handed up late Monday and ordered sealed by Prince William County Commonwealth's Attorney Paul B. Ebert, according to The Washington Times.
The newspaper quoted sources it did not name as saying Bobbitt was charged with the least punitive offense covered under Virginia's spousal rape law.
Bobbitt's attorney, Greg Murphy, acknowledged the indictment Monday.
"If the grand jury had been given all the facts, which it never is, there would never have been an indictment against John Bobbitt," Murphy said. "There are no facts known to me that could support any criminal charge brought against him."
Ebert did not immediately return a telephone call requesting comment Tuesday. He told the newspaper on Monday he would have no comment beyond an earlier statement that if Bobbitt was charged with any crime, it would be marital sexual assault instead of the more serious marital rape.
"The only thing that he could be guilty of is marital sexual assault in that incident," Ebert said. "Marital rape wouldn't stick in this case."
Under the Virginia law, a spouse can only be charged with marital rape if the victim showed signs of "serious injury" or if the couple was living apart, Ebert said.
Marital sexual assault carries a maximum sentence of 20 years in prison. Marital rape carries a maximum sentence of life in prison.
Lorena Bobbitt told police she severed her husband's penis as he slept June 23 in retaliation for his repeatedly raping and beating her. She said he had returned home drunk that night and forced her to have sex.
The organ was surgically reattached.
Lorena Bobbitt was charged with malicious wounding and will appear in court today, her attorney said.
John Bobbitt has denied his wife's charges. He is recuperating at home from the apparently successful nine-hour operation.
Although the couple had longstanding marital problems, they were living together when the alleged sexual attack occurred, and Lorena Bobbitt showed no signs of physical injury, according to police and her lawyer, James Lowe.
Lorena Bobbitt since has filed for divorce.
Virginia officials said the state's spousal rape law included the restrictions as a safeguard against warring spouses who might trump up charges for revenge.
Ebert said he has prosecuted a half-dozen cases under the marital rape statute.
"It's a tough statute to qualify for," he said. "You've got what amounts to a lesser penalty because the spouse is still living under the same roof or because the man didn't beat her up that night."
Gov. Douglas Wilder said the case raises questions about the fairness of the law.
"It's clear to me that people should not be subjected to harassment, assault or what have you, and marriage should not be a license to do that," Wilder said.
Memo: shorter version ran in the Metro edition.