Also known as: molest · molested · molesting · child abuse · sexual harassment
Written by attorneys · grounded in primary & secondary sources — see below
Conduct constituting a crime under federal or state law that involves sexual contact with a child under fourteen or other specified acts of exploitation. The conduct supplies the predicate for evidentiary rules that authorize admission of other similar acts on any relevant issue in both criminal prosecutions and qualifying civil claims.
Miles Montgomery stands trial for sexually touching nine-year-old Maya during tutoring sessions. The prosecutor offers testimony from sixteen-year-old Lena that Miles repeatedly touched her genitals during a school field trip when she was eleven. The court admits Lena's testimony because the prior conduct qualifies as child molestation and bears on any relevant matter including propensity.
Madison Meyers, age ten, tells her teachers that her uncle Marco Marquez touched her inappropriately the previous night. The statements focus on protecting Madison from further harm rather than building a prosecution record. The court admits the statements because their primary purpose addressed an ongoing emergency.
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Megan Moore sues coach Monica Morgan alleging repeated sexual touching during private training sessions. Megan offers testimony from three former athletes describing similar genital contact by Monica during earlier seasons. The court admits the testimony because the civil claim rests on alleged child molestation and prior similar acts are admissible for any relevant purpose.
Miranda Morales faces trial on child-molestation charges. The prosecutor uses peremptory strikes to remove all male venire members. The defense objects that the strikes rest on gender stereotypes about how men view molestation allegations. The court sustains the objection and requires the prosecutor to justify the strikes on neutral grounds.
A state statute requires parental consent and a waiting period before a minor may obtain an abortion after reporting molestation by a family member. The clinic challenges the provisions as imposing an undue burden on the minor's right to choose. The court evaluates whether the restrictions create a substantial obstacle to obtaining timely care.
An eight-year-old victim of alleged molestation by her stepfather refuses to testify in open court. The prosecution moves to allow her testimony via one-way closed-circuit television so she need not see the defendant. The court grants the motion after finding that face-to-face confrontation would traumatize the child and that the reliability of the testimony can be preserved.
In a criminal case charging child molestation, Federal Rule of Evidence 414(a) permits the court to admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant, including propensity.
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Yes. In a civil action based on a party's alleged sexual assault or child molestation, Rule 415(a) authorizes admission of evidence that the party committed any other sexual assault or child molestation. The evidence may be considered as provided in Rules 413 and 414.
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Rule 414(d)(2) defines child molestation to include specified sexual contacts with a person below the age of fourteen. Conduct involving a thirteen-year-old victim therefore qualifies even if the charged victim is younger.
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Statements identifying the abuser that are made to teachers primarily to address an ongoing emergency and protect the child are non-testimonial. Their admission therefore does not violate the Confrontation Clause.
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…131, 144 (D. Finkelhor, R. Gelles, G. Hataling, & M. Straus eds. 1983). In families where wifebeating takes place, moreover, child abuse is often present as well. Violence Against Women, supra , at 12. Other studies fill in the rest of this troubling picture. Physical violence is only the most visible form of abuse.…