Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Clapp, 235 N.C. App. 351 (Aug. 5, 2014)
In a child sexual assault case, the trial court did not err by failing to instruct the jury on the defense of accident as requested by the defendant. The defendant, who assisted high school sports teams, was charged with sexual offense and indecent liberties with students in connection with stretching and massages he provided to injured student athletes. The trial court properly denied the defendant’s request for the instruction “given the complete absence of any evidence tending to show that he digitally penetrated [the victim’s] vagina with his fingers in an accidental manner.” The court noted that at trial the defendant denied doing the acts in question.