Man sentenced to 10 years in prison in Lynchburg sexual assault case

Richard Elton Whitted, 32, pleaded not guilty to one count of sexual object penetration that stemmed from a sexual assault complaint filed by the victim the morning after attending a party on Oct. 27, 2019, according to a press release from Lynchburg Commonwealth's Attorney Bethany. » Harrison said. The victim went to a party with a friend, then returned to the friend's apartment on Northwynd Circle, heavily intoxicated, according to the release.

“The victim only remembered fragments of the night,” the statement said. “At some point during the night, she woke up in her friend's bed with a man on top of her making movements that made it appear as if he was having sex with her. A physical evidence recovery kit was produced on the victim and a DNA profile developed from a swab of the victim's cervix.

The DNA profile was that of Whitted, who went out that evening with the victim and her friend, according to prosecutors.

Lynchburg Police Detective David Dubie interviewed Whitted, who denied having sexual contact with the victim, according to the release.

Whitted said he did not approach the victim but stayed in the same apartment with her the night of the incident, in a different room, according to the release.

The charge of sexual object penetration carries a sentence of five years to life in prison. At a May 24 hearing, Lynchburg Circuit Court Judge F. Patrick Yeatts sentenced Whitted to 40 years in prison, with 30 years suspended, according to Harrison. The suspended prison sentence is contingent on Whitted serving two years of supervised probation and 40 years of good behavior, Harrison said.

Yeatts on Wednesday denied a request from Whitted to remain on bond while appealing his conviction to the Virginia Court of Appeals, Harrison said in a statement. Whitted was booked into Blue Ridge Regional Jail, will be transferred to the Virginia Department of Corrections and will be required to register as a sex offender upon his release, Harrison said.