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Family Law Keyed to Weisberg
Doe v. Duling
Facts
Appellees Jane Doe and James Doe were unmarried adults that engage in sexual intercourse in Richmond, Virginia with unmarried members of the opposite sex. Jane Doe further alleges that she engaged in unlawful cohabitation. These acts violated Virginia statutes outlawing fornication and cohabitation. Neither has been arrested or threatened with arrest, but claim that they have abstained from such acts due to fear of arrest which could cause personal embarrassment and affect their professional standing. Appellees submitted depositions of police officers stating that all laws are enforced and that they would investigate allegations of cohabitation and fornication, time permitting. However, no arrests for cohabitation had occurred in recent history and no recent fornication arrests had involved fornication in a private residence. The district court found that the appellees had standing because of the threat of prosecution.
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