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Nowill v. State

Although the trial court's Allen charge contained inappropriate language, the charge as a whole was not impermissibly coercive.

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The Columbia County grand jury returned a four-count indictment charging Randall William Nowill, Sr., with sexually abusing his minor daughter. The indictment charged Nowill with two counts of aggravated child molestation for engaging in oral sodomy with his daughter, and separate counts of child molestation and incest for having sexual intercourse with her. Nowill pled not guilty to the charges, and was tried before a jury. At trial, the state presented the testimony of the victim, a child advocate to whom the victim had given a videotaped statement about the abuse, Nowill’s wife and a sheriff’s investigator. According to the state’s evidence, Nowill began abusing his daughter when she was seven years old by kissing and touching her. When the girl was 12, Nowill began having sexual intercourse with her, and later started engaging in oral sex with her. The sexual abuse took place in different locations, including the family home, the family van, and on trips. By the time the victim was 16, Nowill was having sex with his daughter three or four times per week.

Nowill was the only defense witness. He denied having sexually abused his daughter. He claimed that he could not have engaged in the alleged sexual conduct because of his injured back.

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