State v. Sprouse The minor victim, A.B., testified that defendant “inserted his penis ... into [her] butt,” however slightly; that the incident was painful; and that A.B. wiped blood from the area immediately after the incident. A.B.’s testimony was substantial evidence from which a jury could find that defendant penetrated the anal opening during the incident. The trial court correctly denied defendant’s motion to dismiss one charge of statutory sex offense and one charge of sexual activity by a substitute parent based on the incident.
Tagged with: Criminal Practice SBM
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