2014 Ark. App. 188
Ark. Ct. App.2014Background
- Appellant Beaver resided with his wife and children in Faulkner County; wife discovered he was sexually abusing their seven-year-old son.
- Beaver was charged with three counts of rape and received three consecutive 30-year sentences, totaling 90 years.
- The trial focused on whether the evidence showed penetration to sustain a rape conviction under Arkansas law.
- The victim testified that the abuse involved penile-mouth contact, indicating penetration as alleged by the State.
- The defense argued the testimony was too ambiguous to prove penetration beyond a reasonable doubt, but the jury convicted on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves penetration for rape conviction | Beaver argues the testimony is ambiguous | State contends the testimony shows penetration | Sufficient evidence supports penetration; conviction affirmed |
Key Cases Cited
- Woods v. State, 2013 Ark. App. 739 (Ark. App. 2013) (uncorroborated testimony may sustain rape conviction for a child)
- Breeden v. State, 2013 Ark. 145 (Ark. 2013) (sufficiency review; jury credibility determines inconsistencies)