I am currently in a trial on an agg sexual assault in which there were three counts in the indictment. The victim testified to three events and then stated that this occurred on multiple occassions in almost exactly the same fashion. The defense has requested an election as to which incidents we are proceeding on. However, they want to object to the election as a comment on the evidence if we give any sort of a description. Has anyone encountered this? Is anyone aware of any case law that would help me? I am currently researching it but would appreciate any assistance, as I don't have long to get this done.
my email is starla.jones@co.wichita.tx.us and phone 9407335510. Thanks.

I'm not sure I have a definitive answer, but I left you a message. This is a very tricky area of sex assault crimes.

[This message was edited by John A. Stride on 02-03-10 at .]

Your description is a good explanation for why the legislature created the offense of continuous sexual abuse of a child. Avoids the whole election scenario. Of course, that only helps with cases that occurred on or after 9/1/07.

Seems ridiculous to require an election and then prohibit the prosecutor from identifying that election with details. That's not a comment on the evidence. That's an election.