Benjamin Benge v. the State of Texas, 02-23-00207-CR

Benjamin Benge (Appellant) was convicted of indecency with a child by contact based on allegations of touching his biological daughter's genitals.
After serving time for aggravated sexual assault of the child’s mother (T.H.), Benge was released, married T.H., and she gained custody of the child.
The child made a 911 call alleging sexual assault in November 2019, leading to a police investigation and a sexual assault exam, which found male DNA on her vulvar swab.
The child, through later forensic interviews and trial testimony, described multiple instances where Benge touched her genitals, including the event prompting the 911 call.
Benge denied any abuse, asserting alternative explanations for the DNA (i.e., that his infant son was the source), and was found guilty by a jury, receiving a life sentence. He appealed, challenging the sufficiency of the evidence.

Issue	Plaintiff’s Argument	Defendant’s Argument	Held
Sufficiency of evidence for conviction	Evidence insufficient without strong DNA match	DNA evidence could be from another relative; inconsistencies in child’s testimony	Evidence sufficient based on child’s outcry and testimony; conviction affirmed
Weight/reliability of child’s testimony	DNA was only circumstantial, child’s statements were inconsistent	Child’s outcry and interview statements were credible; supported by other evidence	Inconsistencies go to weight, not admissibility; jury could credit testimony
DNA evidence source	Y-STR profile could be from any male in lineage	DNA profile consistent with Benge and supported by other circumstantial evidence	DNA not exclusive, but supported by other sufficient evidence
Role of outcry witness and forensic interview	Forensic interviewer’s account unreliable	Forensic interviewer’s testimony was credible and admissible as outcry witness	Forensic interviewer properly served as outcry witness; evidence admissible

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review: whether any rational factfinder could convict beyond a reasonable doubt)
Martin v. State, 635 S.W.3d 672 (jury is the sole judge of a witness’s credibility and the weight of testimony)
Queeman v. State, 520 S.W.3d 616 (appellate courts defer to factfinder in weighing evidence)
Braughton v. State, 569 S.W.3d 593 (cumulative force of evidence must be considered, not divided and conquered)
Jones v. State, 428 S.W.3d 163 (a child sexual abuse victim's uncorroborated testimony can support a conviction)