State v. Smith

743 So.2d 199 (La. 1999)

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Nature of the Case

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Facts

The alleged victim, was twelve years old at the time. She told her mother's friend that D, her grandmother's husband, had touched her in inappropriate places, on and off, for several years. She claimed that when she was four or five years old, D rubbed her 'butt' while she lay on a sofa. She testified that when she was about nine years old, D would touch her inappropriately when she slept at her grandmother's house. She stated that D had touched her bare breasts, kissed her bare back, and touched her vaginal area over her pants and underwear. She also stated she would wake up with her 'pants undone.' There was no physical evidence of abuse, and the outcome of the trial rested entirely on her credibility. D cross-examined the victim's mother's friend, regarding similar accusations the victim had made against her cousin and allegedly subsequently recanted. P moved to prevent any further such questioning in accordance with the 'rape shield statute.' The testimony consisted of the victim complaining of a cousin touching her while rollerblading. The two children present said they did nothing and later the victim said she was just joking. The judge ruled there were no false prior allegations of sexual molestation by the victim. The evidence was inadmissible. D was convicted and appealed. The appellate court upheld the conviction, and the State Supreme Court granted certiorari.