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Jarvis v. State

Defendant was not entitled to question the 14-year-old molestation victim about sexual involvement with other men, absent an exception to the rape shield statute.

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William Jackson Jarvis was convicted of child molestation and aggravated child molestation. Following the denial of his motion for new trial as amended, Jarvis filed this appeal. Jarvis contends that the trial court erred in admitting his inculpatory statement to police, misapplied the rape shield statute thereby excluding otherwise admissible evidence, and incorrectly charged the jury on two legal principles. We find no merit to these claims and affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence shows that the victim’s stepfather took her to a sheriff’s department after learning she had been victimized by Jarvis. To a female deputy, the 14-year-old girl revealed what had occurred. While at the hospital, the victim told a nurse that she had had sexual intercourse with a 42-year-old man. Shortly after the incident, the victim also told her mother about it. The victim was a friend of Jarvis’s stepdaughter and the incident took place during a visit to Jarvis’s home when the victim left with Jarvis to go feed a neighbor’s dog. She testified that while at the neighbor’s home, Jarvis had sexual intercourse with her and orally sodomized her. She denied wanting to experience oral sex.

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