ILNews

COA adopts 'compromise approach' of theory

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT