New Hampshire v. Clark
Annotate this CaseDefendant Steven Clark was convicted by jury on five counts of aggravated felonious sexual assault (AFSA), one count of attempted AFSA, and one count of felonious sexual assault. Defendant argued the trial court erred by admitting evidence of: (1) a victim’s change in gender identity after the sexual assaults were disclosed; and (2) defendant’s display of pornographic images to his minor nephews around the time of the sexual assaults. The New Hampshire Supreme Court concluded the trial court properly addressed evidence of the victim’s change in gender identity through voir dire and subsequent jury instructions. The Court also concluded that evidence that the defendant displayed pornographic images to his minor nephews was admissible to corroborate the victim’s testimony. Further, given the evidence describing the nature of the assaults, the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. Lastly, defendant asked the Supreme Court to review the Superior Court’s decision to withhold some of the confidential records provided for in camera review. Because the trial court did not have the benefit of the Supreme Court's decision in New Hampshire v. Girard, 173 N.H. 619 (2020), when it conducted its in camera review, the case was remanded for the limited purpose of reviewing the withheld confidential records in accordance with the standard set forth in Girard.
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