Commonwealth v. Velez, 51 A.3d 260

Velez, 80, lived with his son, daughter-in-law, and two granddaughters in Philadelphia for about three years; he slept on a daybed in the family room used as the children's play area.
On Aug. 15, 2008, the daughter-in-law discovered victim E.V. nude from the waist down with defendant’s head between her legs; she testified that this was sex and that prior touching occurred.
After the incident, Velez fled to Ohio; he sent a letter from Ohio to E.V. and her parents implying forgiveness.
He was arrested in Puerto Rico and returned to Pennsylvania; on Sept. 3, 2010, he chose a non-jury trial to avoid the mandatory minimum on aggravated indecent assault.
The trial court convicted Velez of aggravated indecent assault, unlawful contact with a minor, endangering the welfare of a child, corruption of minors, and indecent assault on a person under 13, and sentenced him to four to eight years’ imprisonment with ten years’ probation (concurrent on some counts) after a sexually violent predator hearing found him not to be a SVP.
Post-sentence motions challenged sufficiency and weight of the evidence, leading to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for aggravated indecent assault of a child under 13	Velez argues lack of consent under §3125(a) and (b) not proven	Commonwealth theory is insufficient to prove lack of consent beyond age-derived presumption	Conviction affirmed; victim's testimony showed lack of consent beyond mere age
Sufficiency of evidence for unlawful contact with a minor	Velez says no communicative contact proven; only physical touching	Commonwealth要 claims contact or communication by any means; Rose/ Evans guide interpretation	Conviction affirmed; evidence showed contact beyond that required for indecent assault

Commonwealth v. Mobley, 14 A.3d 887 (Pa. Super. 2011) (sufficiency standard; circumstantial evidence permitted)
Commonwealth v. Rose, 960 A.2d 149 (Pa. Super. 2008) (unlawful contact with a minor—contact may mean communication)
Commonwealth v. Evans, 901 A.2d 528 (Pa. Super. 2006) (unlawful contact with a minor; contact vs. indecent assault distinction)