Trial court erred in part on aiding and abetting and child abuse convictions

The North Carolina Court of Appeals vacated several convictions while finding no error on others in a criminal appeal involving allegations of sexual abuse of two children.

The defendants were convicted on multiple charges arising from sexual acts committed against the children of one defendant. A jury found one defendant guilty of statutory rape and statutory sexual offense with a child by an adult. The jury found the other defendant guilty of aiding and abetting those offenses and of two counts of felony child abuse by sexual act. Both defendants appealed.

On appeal, one defendant argued the trial court erred by denying her motion to dismiss the aiding and abetting convictions and both felony child abuse counts. She contended the state failed to present sufficient evidence that she possessed the required intent to aid and abet the sexual offenses or that she knowingly allowed sexual acts to be committed against her children, as required under North Carolina law. She also raised challenges to the jury instructions, her sentences, and the admission of expert testimony. Both defendants argued the trial court committed plain error by admitting testimony from a sexual assault nurse examiner stating that the absence of physical injuries should not lessen concern for sexual abuse.

The court agreed in part. It held the trial court erred in denying the motion to dismiss the aiding and abetting convictions and one felony child abuse count related to one child. The court concluded the state failed to present substantial evidence that the defendant had actual knowledge of the sexual acts committed against that child or the intent necessary to aid and abet them. Without such knowledge, the defendant could not have “allowed” the sexual acts under the felony child abuse statute.

However, the court found sufficient evidence that the defendant knew sexual acts had been committed against the other child and took no action to prevent further abuse. As a result, the trial court did not err in denying the motion to dismiss the remaining felony child abuse count. The court also found no plain error in the admission of the nurse examiner’s expert testimony.

The 34 page opinion is State of North Carolina v. Kleist, Lawyers Weekly No. 011-288-25.