State v. Bauer
Annotate this CaseAfter a bench trial, Defendant was found guilty of sexually assaulting a child in the third degree. Defendant appealed, arguing that the evidence was insufficient to conclude beyond a reasonable doubt that Defendant’s brief touch of the victim’s crotch over the victim’s clothes was “sexual contact.” The Supreme Court affirmed, holding (1) although some facts suggested an innocent explanation for the Defendant’s touch of the victim, there were sufficient other facts supporting the trial court’s finding that Defendant’s touch was for the purpose of his sexual arousal or gratification; and (2) therefore, sufficient evidence supported the verdict.
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