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Rogers v. State

The trial court properly admitted evidence of the victim's gender identity disorder since a psychologist offered expert testimony that the victim's efforts to dress and act like a male were consistent with long-term sexual abuse.

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A jury found John Rogers guilty of two counts of child molestation.1 Rogers appeals, arguing that he received ineffective assistance of counsel and that the trial court erred in admitting evidence. For reasons that follow, we affirm.

Viewed in the light most favorable to support the jury’s verdict,2 the evidence shows that Rogers began inappropriately touching his stepdaughter, F. W., when she was seven or eight years old. According to F. W., Rogers touched her vagina with his hands on numerous occasions while he was physically aroused and, at one point, had her stroke his penis until he ejaculated. F. W. testified that the abuse continued until she was 13 years old. Around that time, F. W. told Rogers that she “wanted to be male and . . . liked women.” Rogers responded that he “would never screw his son,” and he eventually stopped abusing her.

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