GEORGE THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-10-13
No. 98-3123
STONE and STEVENSON, JJ., concur.
743 So. 2d 607 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 4 cases

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Synopsis

The Fourth District Court of Appeal affirmed Thompson's conviction for sexual battery on his young daughter, holding that evidence of his sexual abuse of his stepdaughter was properly admitted under the Saffor test for collateral crime evidence in familial sexual abuse cases.


Holding

The collateral crime evidence was properly admitted because it satisfied the Saffor test for admissibility of similar familial sexual abuse crimes. The peremptory challenge issue was not preserved for appeal because Thompson failed to renew his objection before the jury was sworn.


Headnotes

[1] Collateral crime evidence in sexual abuse cases within the familial context is admissible if both the charged and collateral offenses occurred within the family setting a…

[2] The fortitude of a victim in resisting sexual abuse should not render otherwise similar collateral crimes dissimilar for the purpose of admitting evidence of those acts.

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Key Quotes

“In Sajfor, the supreme court adopted a relaxed two-prong test for the admission of collateral crime evidence in sexual abuse cases within the familial context. First, both the charged offense and the collateral offense must occur within the family setting. Second, there must be some additional showing of similarity between the incidents in order for the collateral crime evidence to be admissible.”

Establishes the legal standard for admitting collateral crime evidence in familial sexual abuse cases

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Facts & Procedural History

Thompson sexually abused his young daughter through oral and vaginal contact. He was previously convicted and imprisoned for lewd and lascivious assau…

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Opinion of the Court
WARNER, C.J.

WARNER, C.J.

We affirm appellant’s conviction for sexual battery on a child and sexual battery while standing in the position of a parent or custodian. The appellant’s victim was his young daughter with whom he had engaged in both oral and vaginal sex. Appellant contends that the trial court erred in admitting collateral crime evidence. The collateral crime evidence consisted of appellant’s sexual abuse of his step-daughter while she was between the ages of six and eleven with which he was charged and pled guilty to lewd and lascivious assault. We conclude that the evidence met the standard of Saffor v. State, 660 So. 2d 668 (Fla.1995).

In Sajfor, the supreme court adopted a relaxed two-prong test for the admission of collateral crime evidence in sexual abuse cases within the familial context. First, both the charged offense and the collateral offense must occur within the family setting. Second, there must be some additional showing of similarity between the incidents in order for the collateral crime evidence to be admissible. See id. at 670-71.

In the instant case, there were several additional aspects of similarity which would meet the Sajfor test. Both the victim and the collateral victim were in a father-daughter relationship with the appellant. Appellant approached both victims regarding sex in a way that seemed as though he was teaching them. The incidents occurred in the victims’ homes, and appellant threatened both victims by telling them that their mother would hate them if they told her about the incidents. The conduct began with kissing and fondling and escalated to oral sex.

Appellant seeks to distinguish the two cases because the sexual abuse with the collateral victim did not include oral or vaginal sex. The evidence showed, however, that the collateral victim refused to acquiesce to oral sex when requested by appellant. She then reported the abuse, resulting in appellant’s first conviction and imprisonment, thus cutting off his opportunity to elevate the abuse. In the instant case, we do not think the fortitude of the collateral victim in resisting appellant should somehow make the crimes dissimilar so as to prevent the admission of the testimony of these collateral acts in appellant’s trial. Therefore, we conclude that the crimes are indeed very similar, and there was no error in the admission of the collateral crime testimony.

Appellant also challenges the state’s exercise of a peremptory challenge against a minority juror. Because the appellant failed to renew the objection prior to the swearing of the jury, the issue is not preserved for review. See Green v. State, 679 So. 2d 1294, 1294 (Fla. 4th DCA 1996).

Affirmed.

STONE and STEVENSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Smith v. State, 788 So. 2d 279 (Fla. 4th DCA 2000)
    …collateral offense must occur within the family setting. Second, there must be some additional showing of similarity between the incidents in order for the collateral crime evidence to be admissible. See Saffor, 660 So. 2d at 672; Thompson v. State, 743 So. 2d 607, 608 (Fla. 4th DCA), cause dismissed, No. 99-18, — So. 2d-(Fla. Dec. 20, 1999). The additional showing of similarity' will vary depending on the facts of the case and must be determined on a case-by-case basis. See Saffor, 660 So. 2d at 672. In Saj…
    1 / 2
  • Earley v. State, 837 So. 2d 529 (Fla. 5th DCA 2003)
    …PER CURIAM. AFFIRMED. See Saffor v. State, 660 So. 2d 668 (Fla.1995); Thompson v. State, 743 So. 2d 607 (Fla. 4th DCA 1999). SHARP, W., SAWAYA and ORFINGER, JJ., concur.…

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