Cornet v. Texas (Original)
Annotate this CaseThe complainant was appellant's stepdaughter. In 2006, then eight years old, she told a forensic interviewer that appellant had, on one occasion, told her to sit on his face, at which point he made oral contact with her anus. The complainant also said that appellant had, on one occasion, showed her various "sex toys" and placed one between her legs so that she could "feel the vibration." Appellant responded to these accusations by providing a written statement to police that was admitted at his trial. His statement indicated that, based on prior comments by the complainant, he suspected that she had been sexually active with her brothers. He said that on one occasion, the complainant entered his bedroom, lifted her dress, and exposed herself, causing him to notice that she was not wearing underwear. Appellant stated that he decided to examine her to see if she had any physical evidence of sexual contact or injury. To examine the complainant, appellant laid her down on the bed and spread her legs while she was on her stomach. After that, he opened her buttocks to visually check her anus and labia. He determined that the "examination was inconclusive and her anus did not appear to be streached/ripped [sic]." He maintained that there was no intent for any sexual gratification. This case addresses whether a trial court's omission of a "medical care" defensive jury instruction was harmless error. The Supreme Court concluded after its review of the entire record that the jury rejected appellant's statements invoking the medical-care defense, and, therefore, he was not actually harmed in this case. Furthermore, although the court of appeals erred by referring to the sufficiency of the evidence, it reached the correct disposition.
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