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Hall v. State

The trial court did not abuse its discretion in a child molestation trial when it excluded as irrelevant evidence of a child victim's alleged prior sexual involvement with another individual.

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Steven Hall appeals his convictions for two counts of child molestation, two counts of enticing a child for indecent purposes, statutory rape, and sexual battery, involving two children. Hall contends that his convictions should be reversed because the trial court erred in excluding evidence which showed that one of the children had engaged in sexual intercourse with a man other than Hall approximately thirty minutes before her alleged molestation by Hall. We affirm.

The evidence, viewed in the light most favorable to the verdict,1 showed that Hall offered two girls under the age of sixteen money for sex. He then engaged in sexual intercourse with and performed oral sex on one of the girls, while in the presence of the other girl. The state’s witnesses included the two girls, the mother of one of the girls, a police officer who responded to the scene of the incident, and another police officer who interviewed the girls at a police station. Before the presentation of evidence, the state informed the court that it would not introduce any medical testimony of injury that could have been attributed to sexual intercourse with the other individual and, indeed, at trial, the state presented no testimony from medical experts.

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