319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
J. Maraman finds the lower court properly convicted defendant of the sexual abuse of his partner’s preteen daughter. The victim testified that she was “raped,” which suffices to implicate intercourse rather than other sex acts. Determining the paternity of the victim’s child is therefore irrelevant even though the victim testified that she had also been assaulted by defendant’s brother, as she had also already testified to defendant’s assaults. Enhanced punishment for assaults that occurred at different times does not constitute double jeopardy, as “the Legislature intended for the special allegation to apply, even where the underlying felony included the victim’s age as an element.” Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 28, 2023, Case #: CRA22-9, Categories: 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
J. Osowik finds the deletion of the contents of one of the victim's phones did not violate defendant's due process rights. He failed to explain how any of the data could have been used as exculpatory evidence, especially considering the only piece of data known to be on the device was a confession that would have hindered defendant's case. Meanwhile, the use of various insults during closing arguments by the prosecution, including calling defendant a maniac, sexual predator and monster, did not constitute prosecutorial misconduct. They were used sparingly throughout the hour-long remarks, while there was also abundant evidence of defendant's guilt, including victim testimony, DNA samples and text messages. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: December 22, 2023, Case #: 2023-Ohio-4683, Categories: sex Offender, Due Process, child Victims
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
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J. Marquez, in this interlocutory review, finds the trial court properly suppressed inculpatory statements made by defendant. Accused of sexually assaulting his granddaughter, defendant's statements were elicited during a custodial interrogation without proper Miranda warnings. The court's ruling provided an independent basis for suppression and was not challenged on appeal. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: December 18, 2023, Case #: 23SA187, Categories: Miranda, sex Offender, child Victims
J. Harris finds the trial court properly found defendant guilty for five counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse and one count of aggravated incest. Defendant's daughter and friends reported the abuse in their 20's, which led to defendant's arrest. Defendant sought substitution of counsel, and after admonishment, he requested to represent himself. The waiver is not invalidated merely because he had to choose between self-representation and maintaining a particular court date. Defendant knowingly and intelligently waived his right to counsel. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 2023COA119, Categories: sex Offender, Self Representation, 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. Bowen finds the trial court properly denied defendant's petition for relief from sex offender registration requirements. Defendant was convicted by guilty plea for attempting to distribute harmful material to a minor. The plea was in exchange for the dismissal of a charge for an attempted lewd act with a minor. Though defendant says he is a tier 1 offender and has satisfied his 10-year registration requirements, he was convicted of a felony violation that was later reduced to a misdemeanor. Guiding law prohibits a trial court from relieving such a defendant of the lifetime registration requirement, and the requirement is not a form of punishment under the state or federal constitutions. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen , Filed On: December 14, 2023, Case #: A164739, Categories: Sentencing, sex Offender, child Victims
J. Orme finds the district court properly denied defendant's motion to reinstate his lapsed time to appeal. Charged with murder and abuse of a dead human body for his help in another's suicide, and in two other cases with five counts of sexual exploitation of a minor and two counts of tampering with a witness, defendant pleaded guilty to one count of child abuse homicide and one count of attempted sexual exploitation of a minor. He did not file a notice of appeal until two years later. Counsel did not perform deficiently in not consulting with defendant post-sentence. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: December 14, 2023, Case #: 20220278-CA, Categories: Murder, 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. Banke finds the trial court properly convicted and sentenced defendant for committing lewd or lascivious acts on a child under the age of 14. Defendant, a registered sex offender, lived with the two victims' grandfather. Both victims have testified to various sex acts they were compelled to perform on defendant, and all evidence supports the convictions. Defendant knowingly and intelligently waived his right to jury trial, including as to aggravating facts of recidivism, and, therefore, his aggravated sentence is permissible. Affirmed.
Court: California Courts Of Appeal, Judge: Banke , Filed On: December 13, 2023, Case #: A165406, Categories: Sentencing, 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. Wilkinson finds the lower court properly denied the defendant's motion for release from civil commitment under the Adam Walsh Act. The defendant, convicted of various crimes involving the sexual exploitation of minors, was civilly committed at the end of his 20-year sentence because the government found him to be sexually dangerous. The defendant seeking to be released told a psychologist that he did not believe pubescent boys were children and that sex with a pubescent boy was not abuse. The defendant failed to provide evidence that he is no longer sexually dangerous. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 22-6118, Categories: sex Offender, Commitment, 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
Per curiam, the Vermont Supreme Court finds the trial court properly held the inmate without bond after he allegedly sexually assaulted two minor children. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-374, Categories: sex Offender, Bail, child Victims
[Consolidated.] J. Bowes finds that the lower court improperly found that defendants’ convictions pursuant to the North Carolina statute proscribing taking indecent liberties with children obligated them to register as sex offenders in Pennsylvania. The state failed to establish that defendants’ out-of-state convictions would be similar to Pennsylvania convictions that require registrations. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 1, 2023, Case #: J-A02020-23, Categories: Criminal Procedure, sex Offender, child Victims
J. Soto finds a lower court ruled correctly in convicting defendant of sexual abuse of his stepdaughter. In both this and another case stemming from the abuse, defendant argues a lower court inappropriately admitted expert testimony that he said was overly opinionated, but defendant did not adequately preserve error or show that his case was improperly harmed by the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00093-CR, Categories: sex Offender, Experts, child Victims
J. Clark finds that the lower court properly convicted defendant of predatory sexual assault against a child and endangering the welfare of a child for his conduct with a 6-year-old. Defendant sought to suppress statements in which he admitted to sexual contact with the girl on grounds that police had coerced the admissions, but he had not been subjected to hours of questioning or tactics otherwise constituting "emotional battering" designed to break him. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 30, 2023, Case #: 113540, Categories: Miranda, sex Offender, child Victims
J. Soto finds a lower court ruled correctly in convicting defendant of sexual abuse of his stepdaughter. In both this and another case stemming from the abuse, defendant argues a lower court inappropriately admitted expert testimony that he said was overly opinionated, but defendant did not adequately preserve error or show that his case was improperly harmed by the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00094-CR, Categories: sex Offender, Experts, child Victims
J. Hellman finds the trial court erred by awarding restitution to the organization that paid for an evaluation of the child at a child abuse assessment center. “The state failed to identify any theory of civil recovery that would allow [the center] to recover from defendant the cost of the forensic interview…that occurred after a referral by police, was at least partly for investigatory purposes, and for which neither the victim nor the victim’s family would ever be billed.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A175263, Categories: sex Offender, Restitution, child Victims
J. D'Auria finds defendant's due process rights were not violated by the trial court's decision to allow testimony from his daughter about prior sexual conduct that never resulted in a criminal indictment. The testimony was properly disclosed to defendant and his attorneys and was properly used as propensity evidence during his trial on sexual assault charges. Additionally, even though a large period of time had passed between the conduct involving his daughter and the current victims, defendant was incarcerated for a significant portion of that time, which allowed the court to admit the evidence, especially considering the similarities between the incidents. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: November 27, 2023, Case #: SC20740, Categories: sex Offender, Due Process, child Victims