The Third Appellate District affirmed as modified a judgment and remanded. In the published portion of its opinion, the court held that a defendant convicted of sexual abuse of a child under fourteen was not entitled to a jury trial on the amount of non-economic damages awarded to the victim to compensate for her psychological harm at his hands.
Steven Smith started dating the mother of Jane Doe in 1988, when Doe was eight years old. Smith molested Doe at his residence while Doe’s mother was working. Smith touched Doe over and under her clothing and digitally penetrated her. Doe turned nine on August 10, 1988. The molestation continued later included Smith’s oral copulation and penile penetration of Doe and her oral copulation of him. Sexual encounters between Smith and Doe continued until she was twenty-six.
