Engle v. State

Gregory Heath Engle was convicted by a jury of sexual battery. He appeals following the denial of his motion and amended motion for new trial. We affirm. The transcript shows that Engle was seventeen years and four months old at the time the crime occurred. When he met the victim, who was 13 years old, he told her he was 15. At the time of the incident giving rise to the charges here, Engle was living with the victim and her friend at the friend’s grandmother’s house. The victim testified that she believed she was Engle’s girlfriend and wanted to please him. She testified that Engle was asleep on the living room floor and that she had been asleep on a sofa in the same room. She got up to go to the bathroom and when she came back he looked at her and said “hey baby.” After talking with Engle for a few minutes, the victim kissed him and then placed her hand inside his pants on the outside of his underwear and began rubbing his penis. She testified that Engle began rubbing her vagina on the outside of her clothes, and he pushed his finger and her pants and underwear up into her vaginal opening. The victim testified she indicated to Engle at some point that she wanted to stop, and she went back to the sofa and they started watching television.

Engle’s statement to the investigating officers was also entered into evidence. In that statement Engle gave substantially the same version of events as the victim, except that he stated the victim placed his hand between her legs. The victim denied that she placed Engle’s hand between her legs.