104 results for 'cat:"Evidence" AND cat:"Sex Offender" AND cat:"Child Victims"'.
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, “I give u the money blow me.” She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: evidence, sex Offender, child Victims
J. Ortega finds the trial court properly excluded evidence of an alternative suspect. The fact that victim “lived with a man who had been accused of sexually abusing another child did not support a reasonable inference that the third party had the opportunity or means to commit the charged offenses, which were alleged to have occurred in defendant’s home while [victim] lived with defendant.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: January 10, 2024, Case #: A177061, Categories: evidence, sex Offender, child Victims
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she “was aware of some physical” does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: evidence, sex Offender, child Victims
J. Hellman finds the the trial court properly allowed the admission of a statement by the victim during a forensic interview that she had delayed reporting other acts of abuse because she did not want defendant to “go back to jail.” The court “did not err in admitting the evidence…to establish the victim’s motive for delayed reporting and to establish that the victim had not fabricated the delayed disclosures of abuse.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A174588, Categories: evidence, sex Offender, child Victims
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J. Johnson finds the trial court properly found defendant guilty of continuous sexual abuse of a child. The forensic interviewer testified the 14-year-old victim described multiple incidents occurring since she was 11 where her father raped and molested her. The interviewer and a detective testified as to the child's truthfulness and guarded demeanor, and other behaviors that indicated she was telling the truth. All evidence, including a DNA match, supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 20, 2023, Case #: 09-23-00007-CR, Categories: evidence, sex Offender, child Victims
J. Harris finds the trial court properly convicted defendant for the object rape and forcible sexual abuse of his 14-year-old stepdaughter. Though he argues the victim's testimony was improbable and there was insufficient evidence supporting the penetration element of the object rape charge, the testimony was not improbable and all evidence supports the convictions. Furthermore, nothing in the record supports defendant's claims of deficient performance of counsel. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20210403-CA, Categories: evidence, sex Offender, child Victims
J. Hudson finds the trial court properly convicted defendant for three counts of rape based on sufficient evidence. A minor child testified defendant, his babysitter, ordered the child to put his penis in his mouth, telling him not to reveal the event to anyone. Two years later, when the family moved, the child told his mother, who notified police. Evidence of defendant's prior sexual conduct with two other witnesses when they were minors was properly allowed under the pedophile exception and was not more prejudicial than probative. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: December 14, 2023, Case #: CR-23-223, Categories: evidence, sex Offender, child Victims
J. Barrett finds the trial court properly convicted defendant for sexual assault. Defendant failed to exhaust peremptory challenges, and fails to show how having jurors’ addresses and phone numbers prejudiced him. Furthermore, testimony complained of as hearsay was allowed as background information for context, not as indicative of truth. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 13, 2023, Case #: CR-22-458, Categories: evidence, sex Offender, child Victims
J. Mooney finds that the trial court properly admitted statements made by the victim that were used to convict defendant of sodomy and sexual abuse. “The fact that the victim’s circumstances closely mirrored the general principles [the forensic interviewer] described did not indicate whether she did or did not believe the victim.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 13, 2023, Case #: A176701, Categories: evidence, sex Offender, child Victims
J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: evidence, sex Offender, child Victims
J. Harrison finds the trial court properly convicted defendant for sexual indecency with a child. The parents of the 14-year-old discovered he had been having sex with an 18-year-old in her car. Although having intercourse with the 14-year-old was not illegal under state law, it was illegal for her to expose her vagina for sexual purposes to a minor younger than 15 years old. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-125, Categories: evidence, sex Offender, child Victims
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant shared marijuana with his girlfriend's 14-year-old daughter, which caused her to feel sick. Defendant took her to her bedroom, where he kissed and fondled her. Evidence the victim was still visibly upset when she told her cousin on the same day supports the inference she was under stress and the statements were spontaneous. Defendant's counsel was able to examine alleged inconsistent statements and argue the victim was lying, and the jury was able to consider all testimony. Affirmed
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-23-251, Categories: evidence, sex Offender, child Victims
J. Howe finds a lower court properly convicted a defendant for sexual conduct with a minor and aggravated assault. The defendant, who repeatedly sexually abused his daughter over a year and a half, argued that the lower court erred in imposing consecutive sentences of life in prison. However, the State presented sufficient evidence in court that he intentionally and knowingly committed his crimes against a child under 15. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: December 5, 2023, Case #: 1 CA-CR 22-377, Categories: evidence, sex Offender, child Victims
J. Lynch finds the trial court properly allowed the victims' interview with personnel from the children's hospital to be admitted during defendant's trial on rape and sexual imposition charges. Although the interview took place more than a year after the abuse, the children had to that point received no medical treatment, which allowed its admission under the medical assessment hearsay exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: December 4, 2023, Case #: 2023-Ohio-4374, Categories: evidence, sex Offender, child Victims
J. Yegan finds the trial court properly convicted defendant for human trafficking of a minor for a commercial sex act involving force. Evidence found during the traffic stop, including condoms, feminine hygiene products, wigs, clothing, and text messages referring to prostitution and threats of abuse, was properly admitted and supports the conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: November 20, 2023, Case #: B312618, Categories: evidence, sex Offender, child Victims
J. Pirtle finds the trial court properly convicted defendant for three counts of sexual assault of his minor cousin. A resource officer at the victim’s school called child protective services after the victim emailed her a photo of herself crying, stating that defendant had beat her up. The victim was then removed from her home after other evidence came to light, and placed with the resource officer, who noticed a change in the victim’s behavior when around her husband. The officer asked if someone had touched her inappropriately and the victim pointed out defendant. All evidence supports conviction and defendant has not preserved objections to the state’s motions for appellate review. Ineffective assistance claims fail for lack of proof. The record is insufficient on direct appeal. Affirmed
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-22-973, Categories: evidence, sex Offender, child Victims
J. Horton finds the trial court properly convicted defendant for the sexual assault of his daughters. Though the trial court excluded evidence that a daughter had made a claim of sexual misconduct committed by another man which was later recanted as false, exceptions to the rule governing such evidence exclusion don’t automatically trigger examination on matters not shown to be relevant to possible bias. Defendant failed to establish error in the court’s ruling that the victim could not be questioned on the accusations. All evidence supports the convictions, and right to confrontation does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 1, 2023, Case #: 09-22-00286-CR, Categories: evidence, sex Offender, child Victims
J. Murphy finds the trial court properly found defendant guilty of multiple rapes of his step-granddaughter. The girl disclosed to her school counselor that defendant had repeatedly raped her, and her mother testified that her daughter was diagnosed with clinical anxiety between the ages of five and six. The child testified that when she was four or five, defendant performed oral sex on her while she watched Frosty the Snowman, among other events of oral and vaginal copulation. She described her experiences as painful, including that defendant told her to “shut the fuck up and take it” when she complained. Though certain testimony by another victim addressed instances from 30 years ago, this propensity evidence is subject to a “pedophile exception” allowing admittance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-22-392, Categories: evidence, sex Offender, child Victims
J. Higginson finds the trial court properly convicted defendant for three counts of juvenile molestation. Defendant’s adult daughters, who were molested by him as juveniles, contacted the Department of Children and Family Services and law enforcement when they discovered that their father had remarried and was living in a house with young children. Interviews with the children revealed that they had been molested. The evidence presented is sufficient for conviction. Defendant’s explanations for his behaviors as intended to help the children go the restroom do not concur with the facts and are properly rejected. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 31, 2023, Case #: 21-30638, Categories: evidence, sex Offender, child Victims
J. Hixson finds the trial court properly convicted defendant for two counts of sexual assault, sentencing him to two concurrent 10-year prison terms. A victim testified that when she was spending the night at her friend’s trailer, she observed defendant — her friend’s mother’s boyfriend, who had been drinking — hovering over the friend, who was asleep. She kicked the friend to wake her, and the friend testified that when she woke that she recognized that it was defendant who had undone her bra and lifted her shirt due to the smell of alcohol and cologne he wears. The minors went outside and called the mother several times, who then called police. All evidence supports the conviction. The trial court lacked authority to require Alcohol Anonymous attendance for defendant, and the sentencing order is remanded for correction. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 18, 2023, Case #: CR-22-263, Categories: evidence, sex Offender, child Victims