ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, March 1, 1996 TAG: 9603010072
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: S.D. HARRINGTON STAFF WRITER
A Russell County man was convicted Thursday of raping a Salem woman in October but will not serve any jail time, because he entered a plea agreement with the prosecution.
Toby David Taylor, 45, of Dante will spend three years on active probation. Salem Circuit Judge G.O. Clemens sentenced him to seven years in prison, but suspended the sentence - as recommended by Commonwealth's Attorney Fred King.
King said the victim, 20, approved of the plea agreement, in which Taylor promised to plead guilty in return for King's recommendation.
Taylor and the victim were related by marriage.
The case was set to be tried by a jury, but minutes before jury selection was to begin, King and Taylor's attorney, Judith Greene, began working on the plea agreement.
Taylor admitted having sex with the victim, but claims she consented, King said. The victim maintains that she told him "no" several times.
In a summary of the evidence, a detective said that Taylor showed up unannounced at the victim's house Oct. 9.
The woman said Taylor fondled her in the kitchen and then said he would leave. When the woman went to her bedroom, however, Taylor followed her there.
She said the two of them sat on the floor and talked, then Taylor forced her to have sexual intercourse, according to the detective.
A few hours later, a relative of the victim called police.
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