Carey v. State

The defendant took a substantial step toward molesting his daughter's cousin when he solicited her interest in photographs of naked women and raised the subject of masturbation with her.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Anthony Wayne Carey was charged with one count of child molestation and two counts of attempted child molestation arising from his contact with his daughter and her cousin. After a jury trial, Carey was acquitted of child molestation, but he was convicted of the two attempt charges and sentenced to ten years to serve with ten years probation. On appeal, Carey argues that the evidence was insufficient and that his trial counsel was ineffective. We affirm. Viewed in the light most favorable to the jury’s verdict, the record shows that in the months before November 2003, Carey’s 12-year-old daughter and her 11-year-old cousin spent the night with the daughter’s grandmother and Carey. The daughter had fallen asleep on the couch when Carey asked the cousin to kiss him. When she responded that she had already given him a goodnight kiss, he asked her if she wanted to look at some pictures of naked women on the computer. Carey then took the girl to the personal computer in his room, which displayed at least one picture of a woman with her private parts exposed. Carey also asked the cousin if she had ever put her finger or an object up her private part. When the daughter woke up, the two girls ran into the grandmother’s bedroom and got into bed with her. Carey called out to the cousin a number of times, but she pretended to be asleep. The cousin narrated details concerning these events to caseworkers and at trial.

In November 2003, Carey’s daughter was spending the night at Carey’s mother’s house when her father asked whether she had ever put her finger on her private part. Carey then tried to kiss his daughter there, but she rolled over and escaped from him. The daughter also narrated details concerning these events to caseworkers and at trial.

Carey v. State

The defendant took a substantial step toward molesting his daughter's cousin when he solicited her interest in photographs of naked women and raised the subject of masturbation with her.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report