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COA adopts 'compromise approach' of theory

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The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim. The appellate court also examined the "sexual innocence inference theory" and adopted the compromise view of some courts when balancing a defendant's Sixth Amendment rights with the policy behind the Rape Shield Rule.

Arthur Oatts challenged his conviction of child molesting against his granddaughter in Arthur Oatts v. State of Indiana, No. 49A02-0805-CV-447. Oatts claimed the trial court abused its discretion by excluding evidence his granddaughter had previously seen an allegedly pornographic video and previously had been molested; and the court erred by responding to jury questions during deliberations after the jury indicated it arrived at a decision.

The Indiana Court of Appeals determined based on caselaw and a previous Indiana Supreme Court holding that under Indiana Evidence Rule 412, the state's Rape Shield Rule, the trial court didn't err by not allowing evidence Oatts' granddaughter had seen a pornographic tape and had been previously molested.

In order to determine whether Oatts' constitutional rights were violated because the exclusion of the evidence didn't allow him to cross examine a witness. The state's high court has held Indiana's Rape Shield Statute doesn't violate the Sixth Amendment right to confrontation absent a showing of actual impingement on cross examination. Oatts believed the excluded evidence was relevant to show his granddaughter had knowledge of the nature of sex acts and the investigative process, a theory the Court of Appeals referred to as the sexual innocence inference theory.

Courts across the country are split in their approach to the theory, but the Indiana appellate court adopted the compromise view courts in Arizona and Wisconsin have followed. The compromise view might grant the accused a right to introduce evidence of the victim's sexual contact with a third party if the conduct in question was not only unusual but strikingly similar to the alleged misconduct with the accused, wrote Judge Elaine Brown. This view places the burden on Oatts to show the prior sexual act happened and it was sufficiently similar to the present act to give his granddaughter knowledge to imagine the molestation charge. But Oatts failed to prove that, so the appellate court can't say his constitutional rights were violated, wrote the judge.

The Indiana Court of Appeals also found the trial court didn't abuse its discretion by responding to jury questions. The appellate court can't say the trial court's answer to the jury's question emphasized any particular instruction or that Oatts was prejudiced by the answer.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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