Issue

Other crimes, wrongs, or acts—prior sexual assaults of a child—similarity to charged sexual offenses against another child

Summary

In a prosecution for statutory rape and other sexual offenses inflicted upon an eleven-year-old girl, the trial court properly admitted testimony under Evidence Rule 404(b) of defendant's prior sexual assaults of a different, fourteen-year-old girl, where the prior assaults were sufficiently similar to the charged crimes in that (1) both girls were middle-school-aged children attending schools where defendant taught, (2) defendant used his position as a middle school teacher to gain access to both girls, (3) defendant exerted control over both girls during the assaults despite their protests and tears, (4) defendant either engaged in or tried to engage in vaginal intercourse with both girls, (5) each assault took place during school hours or during school-related activities, (6) defendant only removed his pants and underwear halfway during each assault, and (7) defendant threatened both girls after assaulting them.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →