Benson v. State
| Decision Date | 10 July 1991 |
| Docket Number | No. 50A03-9011-CR-516,50A03-9011-CR-516 |
| Citation | 574 N.E.2d 934 |
| Court | Indiana Appellate Court |
| Parties | Charles BENSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
Holli Shorter-Pifer Rockaway and Shorter-Pifer, Plymouth, for appellant-defendant.
Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.
Following a trial by jury, appellant-defendant Charles Benson was convicted of child molesting, a Class B felony; child molesting, a Class C felony; and attempted child molesting, a Class C felony. Appellant was also found to be an habitual offender; however, he appeals only the attempted child molesting conviction. 1
The facts relevant to the appeal disclose that on January 4, 1990, appellant drove 15-year-old D.S. to his home in Bremen, Indiana, so she could visit with one of his stepchildren. On the way to his home, appellant told D.S. he wanted to make love to her. After arriving at his home, appellant and his wife repeatedly attempted to persuade D.S. to have sexual intercourse with them, but she refused. Later in the day, appellant and his wife told D.S. they were disappointed in her for not "trying," then appellant's wife began to stroke D.S.'s leg. D.S. became upset, and appellant gave her two pills with some wine. When the pills caused D.S. to become light-headed, appellant's wife grabbed her legs and hands and attempted to force her to engage in sexual intercourse. D.S. broke away, and appellant's wife told her they would drop the subject for the rest of the night. At one point during the night, appellant asked D.S. if she would lie down next to his wife, but she refused. Appellant drove D.S. home the next day after she refused to have sexual intercourse with him, his wife, and a third party.
Appellant's sole claim on appeal is that the evidence was insufficient to sustain his conviction for attempted child molesting. When reviewing a claim of insufficient evidence, this Court neither reweighs the evidence nor rejudges the credibility of witnesses. Rather, it looks only to the evidence favorable to the judgment and any reasonable inferences therefrom. If there was sufficient evidence of probative value to support a finding of guilt beyond a reasonable doubt, this Court will affirm the conviction. Stewart v. State (1988), Ind., 531 N.E.2d 1146, 1148. The uncorroborated testimony of the victim is alone sufficient to convict. Id.
IND.CODE Sec. 35-42-4-3(c) (1988 Ed.) defines the offense of child molesting as follows:
"A person sixteen (16) years of age or older who, with a child of twelve (12) years of age or older but under sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits child molesting, a Class C felony."
The attempt statute, IND.CODE Sec. 35-41-5-1 (1988 Ed.), provides in pertinent part:
"(a) A person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step toward commission of the crime."
Because the behavior upon which...
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Benson v. State
...a sixty-six year sentence. Benson appealed the attempted child molesting conviction, which this court affirmed. See Benson v. State, 574 N.E.2d 934 (Ind.Ct. App.1991). Benson then filed a petition for Post-Conviction Relief ("PCR") claiming the trial court erred when it vacated his guilty p......
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Butcher v. State
...involves no physical contact with the victim is sufficient to sustain a conviction for attempted child molesting. See Benson v. State (1991), Ind.App., 574 N.E.2d 934, 935 (defendant's repeated attempts to persuade minor to immediately engage in sexual intercourse, even though solely verbal......
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Corbin v. State
...establish that Ward attempted to molest R.C. Id.B. Benson v. StateThe Ward test was subsequently applied by our court in Benson v. State, 574 N.E.2d 934 (Ind.Ct.App.1991), in which the defendant drove a fifteen-year-old girl to his home so that the girl could visit with the defendant's step......
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Corbin v. State
...that Ward attempted to molest R.C. Id. B. Benson v. State The Ward test was subsequently applied by our court in Benson v. State, 574 N.E.2d 934 (Ind.Ct.App.1991), in which the defendant drove a fifteen-year-old girl to his home so that the girl could visit with the defendant's stepchildren......