We granted certiorari in this case to consider whether the defendant waived the right to contest the sufficiency of the evidence of venue when he agreed to a bench trial in which the parties presented their evidence by proffer. The Court of Appeals held that the defendant could not challenge the sufficiency of the venue evidence on appeal.1 Because a defendant may agree to present evidence by proffer, and still require the State to meet its burden of proof, we conclude that the defendant did not waive the right to contest the sufficiency of the evidence of venue on appeal. Accordingly, we reverse in part. Steve Tompkins was indicted on five counts for sexual offenses. Prior to trial, the trial court granted Tompkins’ plea in bar related to the statute of limitations for two of the offenses. The trial court then held a bench trial on the remaining three counts. During the bench trial, the parties agreed to present their evidence by proffer. The State first summarized its case for the trial court: the evidence would show that the victim was 12 years old when she and her mother and sisters began living with Tompkins; i.e., when the victim was between 13 and 15, Tompkins molested her at their home on several occasions by touching her breasts and vagina with his hands, and on one occasion by touching her vaginal area with his penis. Defense counsel then summarized the defense’s case: there was no physical evidence of molestation; the victim never made a contemporaneous reporting of the alleged acts; defense witnesses, including the victim’s mother and psychiatrist, would testify that the victim is emotionally unstable, on prescription medication that may foster delusions, and motivated to lie; defense witnesses would testify to Tompkins’ good character, and Tompkins would testify that he never molested the victim. Defense counsel also raised a statute of limitations defense. The trial court convicted Tompkins on two counts of child molestation and acquitted him on the third count.
The Court of Appeals reversed those convictions, holding that the trial court erred in determining the applicable statute of limitations for some of the counts and remanded for a new trial. The Court of Appeals also held that Tompkins had waived the right to contest the sufficiency of the evidence of venue. We granted certiorari on the venue issue only.
