Honestly, I think that a lot of people are still acting as if this is going to be a huge prison arc (or lockup arc), but we have several reasons to believe that will not be the case. Let's go through some of the reasons this case will probably end with another slap on the wrist.
1. Barb was probably not considered a victim due to mental status. If Barb was declared mentally unsound she would not have been released home into her own care. Therefore we can infer that Barb was declared sound enough to consent, or not consent on her own.
2. Because barb was allowed to go home, it's unlikely she was charged with incest herself. She was not given a public court date, or anything of that manner. This means that the charge presented in court will likely not be incest. It's sort of "obvious if you think about it" but incest requires two people, and two people means two charges, and two court dates.
3. In the unlikely event that the prosecution is trying to present this as a rape charge, unless barb herself is going to get on the stand and say it's rape, there's practically no way it'll ever end in conviction. Just imagine the prosecution going on stand and saying "ah yes so, the supposed victim says she wasn't raped, and we can't prove sex happend, but this fat troon told us he doneit." Can you imagine how easy a defense could come out and just say "yeah so the police intimidated an exceptional individual into saying stuff, theres zero evidence and also the victim says it didnt happen"
4. In VA, chris is a woman in the eyes of the court as long as he says he is. You can scream and twaddle and kick your feet, but that's the law in VA. He is a woman as long as he says he is. Ok so... Mother daughter incest isn't actually illegal in VA?? So?
5. People are pretending that this will go to supreme court because of point 4, it won't. The appeal's court's job is to decide if the court before it followed the law to it's logical letter and spirit. The law says chris is a girl if he says so, so the court did if they treat him as a girl.
So... What are the paths for Chris to actually go to jail?
IF barb says he raped her on stand.
IF the court decides to treat him as a man instead of a woman, and it goes all the way to the supreme court, and the supreme court rules that a court doesn't have to respect trans people.