Francis v. People, 59 V.I. 1075

Keith Francis appeals a July 16, 2012 Judgment and Commitment finding him guilty of two counts of second-degree unlawful sexual contact.
Incidents occurred February 12, 2011 at Charlotte Amalie High School; the victim was a minor, D.F.
At trial, D.F. testified Francis touched him in a utility room and later in a concession room; Francis denied touching D.F. inappropriately.
Two other school employees testified for the defense; none witnessed the alleged incidents.
The prosecutor argued that an average male teenager would not lie about being molested; the court struck this remark and gave curative instructions.
The jury acquitted on two counts of first-degree unlawful sexual contact and convicted on two counts of second-degree unlawful sexual contact; sentencing was consecutive one-year terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proving defendant’s age beyond reasonable doubt	Francis's age over eighteen not proven by documentary means.	Age can be inferred from circumstantial and witness testimony.	Age proven by circumstantial evidence; sufficiency affirmed.
Prosecutor's improper closing remarks	Comments vouched for D.F.’s credibility and appealed to emotions.	Curative instruction insufficient to erase prejudice.	Misconduct occurred but not reversible; curative instructions and strong evidence support conviction.

In re K.J.F., 59 V.I. 333 (V.I. 2013) (age may be established by circumstantial evidence)
Galloway v. People, 57 V.I. 693 (V.I. 2012) (age may be proven by circumstantial evidence)
Alfred v. People, 56 V.I. 286 (V.I. 2012) (age proof through circumstantial evidence admissible)
Codrington v. People, 57 V.I. 176 (V.I. 2012) (circumstantial evidence sufficient to prove elements)
Barnett v. State, 488 So. 2d 24 (Ala. Crim. App. 1986) (defendant's appearance may inform age determination)
DeSilvia v. People, 55 V.I. 859 (V.I. 2012) (prosecutorial misconduct requires due process analysis with curative instructions)