Dorch v. State
| Decision Date | 18 October 1984 |
| Docket Number | No. AX-254,AX-254 |
| Citation | 458 So.2d 357 |
| Parties | Norvel Lee DORCH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Paul L. Cummings, Pensacola, for appellant.
Jim Smith, Atty. Gen., Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for appellee.
Norvel Lee Dorch appeals from an order denying his motion for a new trial following his conviction of sexual battery, Section 794.011(2), Florida Statutes, and lewd, lascivious, or indecent assault or act upon or in the presence of a child, Section 800.04, Florida Statutes. We affirm.
On 1 July 1983, Dorch had been left in charge of two young girls, C.G. (age 6, the victim) and A.B. (age 7). Dorch, the live-in boyfriend of A.B.'s mother, was watching the children while A.B.'s mother worked. C.G., A.B.'s neighborhood friend, had spent the night with her. The two girls occupied one bedroom and Dorch another. Dorch, nude, went into the bedroom where C.G. and A.B. slept. He had the girls return with him to his bedroom, then remove their clothes. He then rubbed vaseline between the girls' legs and on himself. He referred to the vaseline as "love jelly" or "love cream." Then as Dorch lay on his back, he had the girls sit on top of him "in the middle" where they could feel his penis. Additionally, C.G. testified that Dorch took her hand and made her "go up and down on his thing." Dorch also had both girls put their mouths on his penis and he kissed C.G. between her legs.
Dorch proceeded to trial on 22 November 1983. During jury deliberations, the jury posed two questions to the trial judge. At issue is the second by which the jury requested a definition of "union" within the context of Section 794.011(1)(f), Florida Statutes, which states:
(f) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery shall not include acts done for bona fide medical purposes.
The trial judge defined "union" to the jury as:
... an alternative to penetration. The offense charged against Mr. Dorch is that of sexual battery by penetrating or having union with the mouth or vagina of [C.G.] with his sexual organ. Union is included within the definition of sexual battery as an alternative to penetration because the coming in contact with the mouth or vagina by the sexual organ of an aggressor is sufficient and does not require penetration.
Union means an act or instance of uniting or joining two or more separate and independent parts or unit, a coming together, combination or a junction.
It is not charged this Defendant orally had union with the sexual organ of [C.G.]. It is charged that by his sexual organ he had penetration or union with the sexual organ of [C.G.]. That is the charge and the only charge you may consider. Union is an alternative to penetration under this Statute, and includes a coming in contact with, a combination with, and does not require penetration.
Dorch now asserts two points of error. First, he urges...
To continue reading
Request your trial
-
Wright v. State, 98-2326.
...or "penetration," State is not required to prove penetration); Reyes v. State, 709 So.2d 181 (Fla. 5th DCA 1998); Dorch v. State, 458 So.2d 357 (Fla. 1st DCA 1984). The amended information alleged that Wright had placed his penis "in or upon" the victim's vagina. Like the offense in May, un......
-
U.S. v. Harris, No. 07-15811. Non-Argument Calendar (11th Cir. 6/16/2010)
...be violated by the "union with . . . the sexual organ of another," and under Florida law union means contact. See Dorch v. State, 458 So. 2d 357, 358 (Fla. 1st DCA 1984) ("In this context it is clear that the Legislature intended that `union' mean something other than penetration. We agree ......
-
Stone v. State
...In this case, union merely requires contact between the defendant's mouth and the sexual organ of the victim. See Dorch v. State, 458 So.2d 357 (Fla. 1st DCA 1984). It was the intent of the legislature through chapter 794, Florida Statutes (1985), to protect persons from "intentional, non-c......
-
Wallis v. State
...or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object: ... In Dorch v. State, 458 So.2d 357 (Fla. 1st DCA 1984), the court analyzed section 794.011(1)(h) (formerly 794.011(1)(f)), Florida Statutes, as encompassing three distinct classes......