Bing v. State

Antavian Demond Bing, convicted of aggravated assault with intent to commit rape, aggravated child molestation, and child molestation, appeals, contending that the trial court erred in granting the State’s Motion in Limine regarding the victim’s having had consensual sex with her boyfriend before the acts committed by Bing. Finding no error, we affirm.

1. Viewed in favor of the jury’s verdict, the evidence was that T. M., then 15 years old, snuck out of her family home at 3:00 a.m. on the morning of July 12, 2000 to meet her boyfriend, Suresh May, and his friend Kenny Johnson. The three drove around for a while and then went to Johnson’s house. May eventually left and Johnson and T. M. were alone for an hour or two, during which they fell asleep. Upon awakening, T. M. realized she needed a ride back to her home. Johnson told T. M. that Bing, who lived a few houses away, would give her a ride. They went to Bing’s house and he invited them into his entertainment room where the three played video games. Then all three went into a bedroom. Johnson, who was late for work, told Bing and T. M. that he needed to hurry. Johnson and Bing then left T. M. in the bedroom and consulted outside. Johnson then told T. M. that Bing would take her home.