The Virginia Court of Appeals has upheld the conviction of David Andrew Rosson for two counts of aggravated sexual battery involving minors. The court's decision, issued on November 4, 2026, affirms the ruling of the Surry County Circuit Court, which found Rosson guilty of sexually assaulting two young girls. This case highlights the complexities of legal proceedings involving child victims and the standards of evidence required for such serious charges.

Rosson was convicted of aggravated sexual battery under Code § 18.2-67.3, which pertains to offenses against victims aged 13 to 17 and those under 13. His conviction stems from incidents that occurred in 2021, when he was living with his wife and her three daughters from a previous marriage. The court's ruling is significant as it reinforces the legal framework surrounding the prosecution of sexual offenses against minors and the evidentiary standards that apply in such cases.

Background

The parties involved in this case include David Andrew Rosson, the appellant, and the Commonwealth of Virginia, the appellee. The dispute arose from allegations made by Rosson's stepdaughters, D.S. and D.E., who claimed that he had sexually assaulted them while they were living in the same household. The case was brought to trial in the Surry County Circuit Court, where the prosecution presented testimonies from the victims and other witnesses.

During the trial, both D.S. and D.E. testified about their experiences, detailing incidents where Rosson allegedly engaged in inappropriate behavior. D.S. reported that Rosson had entered her room at night and touched her inappropriately, while D.E. described similar encounters. The case was complicated by the fact that neither victim reported the incidents immediately, citing fears of disbelief and concerns about family dynamics. The trial court ultimately found sufficient evidence to convict Rosson, leading to his appeal.

The Ruling

The Virginia Court of Appeals, consisting of Judges Athey, White, and Senior Judge Petty, reviewed the case and affirmed the trial court's judgment. The court ruled that the trial court did not err in denying Rosson's motions to strike and dismiss the charges based on alleged inconsistencies in the victims' testimonies. The court stated, "the testimony of the witnesses is not so incredible . . . when taken in the light most favorable to the Commonwealth to not take the case forward."

Additionally, the court addressed Rosson's objection to the Commonwealth's use of a rebuttal witness who was not on the original witness list. The court found that the trial court acted within its discretion in allowing the testimony, noting that the Commonwealth could not have anticipated the need for the witness until the defense presented its case. The ruling emphasized that rebuttal witnesses are not required to be disclosed in advance, as their relevance often arises during the trial.

Impact

This ruling has significant implications for future cases involving allegations of sexual offenses against minors. It reinforces the principle that the credibility of child witnesses is crucial and that their testimonies can be sufficient for a conviction, even in the absence of corroborating evidence. The court's decision also highlights the importance of understanding the dynamics of delayed disclosure in cases of sexual abuse, as many victims may take time to come forward due to fear or trauma.

Moreover, the court's ruling on the admissibility of rebuttal witnesses sets a precedent for how courts may handle similar objections in future trials. This aspect of the ruling emphasizes the flexibility of trial courts in managing evidence and witness testimony, particularly in complex cases involving sensitive subjects like sexual abuse.

What's Next

David Rosson has the option to appeal the decision to the Virginia Supreme Court, although it is unclear if he will pursue this route. The court filing did not mention any related cases pending that could affect this ruling. As it stands, the affirmation of his conviction serves as a reminder of the legal system's commitment to addressing crimes against children and ensuring that victims' voices are heard.