I'm trying an Agg. Sex. Assault case with a 16yr old who thought he was having sex with a 15yr old (she lied) but she was really 13. The girl also could easily pass for 20. I won't have a problem proving the case but I know jury nullification will be a major issue. I'm looking for voir dire hypos to deal with the strict liability issues regarding age and general ways to lock the jurors into following the law even when they strongly disagree with it.

If you don't have it, the TDCAA book on Investigating and Prosecuting CHild Sexual Abuse Cases is excellent -- a must have.

And, assuming that the 16/13 age difference is more than 3 years, you're having a trial on this case why? [that's not supposed to be taken in a mean way]

surely there is some lesser included, non-registerable offense that might be appropriate under the circumstances you describe. I doubt a grand jury would have indicted on those facts.

Since the victim is under 14 there is no 3 year exception anyway, and the facts are very clear that she is under 14.

Believe me I tried everything to plead this case, not just because I don't want to try it but because I feel sorry for the kid. We offered a Class A Misd. of Unl. Restraint of a Child, which is a registerable offense, but we offered deferred registration upon completion of probation and sex treatment. He wouldn't take it.

The bottom line is that in a taped confession he admits to every element of the crime and we've got a father who feels that something should be done. When their only argument is jury nullification we'd rather try it to a jury than dismiss it.

[This message was edited by Adam Poole on 09-20-07 at .]

Class A Assault?

A plea is no longer an option. Trial is on monday and we moved alot of other cases out of the way to get to this one because the juvenile turns 18 very soon.

I'll let y'all know the result next week.

It was found True.