State v. Atieh The teenage victim testified that defendant – her boss – put his hands down the front of her pants just barely below the waistline, never coming near her vaginal area. The victim said she was in shock and just stood there, and there was no evidence of any outside force interrupting or prematurely halting defendant’s actions. The evidence does not give rise to an inference that defendant intended to do more than what he did. A jury could not reasonably and naturally infer that defendant intended to penetrate any orifice of the victim’s body. Consequently, the trial court erred in denying defendant’s motion for a directed verdict as to the charge of assault with intent to commit third-degree criminal sexual conduct.
Tagged with: Criminal Practice Evidence Intent
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