On October 27, 2016, a unanimous Virginia Supreme Court held that Tazewell County Circuit Court abused its discretion by excluding the testimony of two of defendant’s rape victims as trial witnesses under Virginia’s Civil Commitment of Sexually Violent Predators Act (“SVPA”), Va. Code §37.2-900, et seq., in Commonwealth v. Proffitt, No. 151514. Id. at 14. Reversing and remanding for a retrial, the Court found that the excluded testimony was probative, not unduly prejudicial, and not harmless error (as it potentially could have affected the jury’s verdict.)