South Carolina v. Anderson

The minor lived with Appellant and her mother for approximately six years from the time she was five years old until she was eleven. Appellant and the child had a close relationship, even as her mother's and Appellant's relationship ended. In November 2009, when she was eleven years old, the victim told her mother that Appellant had been sexually abusing her, including intercourse, since she was seven years old. There was no physical evidence of abuse, and Appellant denied the accusations. Appellant was convicted of first degree criminal sexual conduct with a minor, and received a life sentence without the possibility of parole (LWOP). On appeal, he challenged the constitutionality of S.C. Code Ann. 17-23-175 (2014) on Confrontation Clause grounds, and contended the trial court erred in qualifying one of the testifying witnesses as an expert in both forensic interviewing and child abuse assessment. Furthermore, Appellant alleged that witness' testimony impermissibly bolstered that of the minor. Upon review, the Supreme Court found the statute constitutional, but agreed with Appellant that the trial court erred in qualifying the witness as an expert, and in allowing bolstering testimony. Accordingly, the Court reversed Appellant's conviction and sentence. View "South Carolina v. Anderson" on Justia Law