8 results for 'cat:"Sex Offender" AND cat:"Assault" AND cat:"Child Victims"'.
J. Hellman finds the trial court erred in denying defendant’s motion to exclude three sections of a recorded interview of his 11-year-old daughter wherein she referred to defendant’s verbal and physical abuse during defendant's sexual abuse and unlawful penetration trial. “A trial court’s responsibility to engage in OEC 403 balancing is not limited to prior bad acts evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 5, 2024, Case #: A177964, Categories: sex Offender, assault, child Victims
J. Hand upholds defendant’s convictions for disseminating harmful matter to a minor, lewd, wanton and lascivious conduct, rape of a child aggravated by age difference and indecent assault and battery of a child under the age of 14. It is permissible for a prosecutor to refer to defendant as deceptive, calculating and scheming when there is ample evidence to support such descriptors.
Court: Massachusetts Court Of Appeals, Judge: Hand, Filed On: August 29, 2024, Case #: 23-P-20, Categories: sex Offender, assault, child Victims
J. MacDonald affirms defendant’s convictions of aggravated felonious sexual assault. Defendant argues that the victim, who was in middle school and high school when he assaulted her, did not suffer extreme mental anguish or trauma as a result of his actions and says there’s not enough evidence to support that she did, but, in reality, “a rational trier of fact could have found beyond a reasonable doubt that the defendant’s sexual contact with the victim caused her to suffer ‘extreme mental anguish or trauma.’” Affirmed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: August 27, 2024, Case #: 2023-0121, Categories: sex Offender, assault, child Victims
J. MacDonald opposes the defendant’s challenge of one of his convictions of a pattern of aggravated felonious sexual assault, which alleged that he repeatedly touched the breasts of the victim, who was under 13 years old. While chest isn't always a synonym for breasts, and the victim said the defendant touched her “chest” rather than “breasts,” she said that his touching of her became inappropriate when he touched her chest.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: April 3, 2024, Case #: 2022-0563, Categories: sex Offender, assault, child Victims
J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: sex Offender, assault, child Victims
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J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: sex Offender, assault, child Victims
J. Armstead finds that the lower court properly convicted defendant of sexual assault. Defendant appealed his conviction on the grounds that the jury was not instructed on a lesser charge of attempted sexual assault, and that he was improperly denied a mistrial. The court finds that the evidence did not support the instruction of a lesser charge, and the evidence that established defendant’s guilt weighed heavily against the denial of a mistrial. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-239, Categories: sex Offender, assault, child Victims