Appellant was convicted by a jury of Child Molesting, a class D felony. He was sentenced to a two year term which was enhanced by thirty years upon an habitual offender finding.
The facts are these. Appellant and his girlfriend shared an apartment above the apartment in which the victim lived with her family. On the night of the incident, the victim, T.J., was babysitting the three children of the girlfriend. Appellant and the girlfriend returned to the apartment about 3:00 A.M. to find the children all in one room. Two children were asleep on a daybed, while the victim and another child, Kizzie, were on another bed watching television. Kizzie asked the victim to stay for the rest of the night and she agreed. The mother went into her bedroom and closed the door while appellant was still awake and in the kitchen. Kizzie and the victim fell asleep shortly thereafter.
The victim was awakened later in the night and discovered her underpants had been pulled down onto her thighs. She pulled the pants up and noticed the appellant was walking about the apartment. She pretended to be asleep as appellant walked toward her. Appellant then pulled the victim’s pants down and placed his penis in her rectum. The victim continued to feign sleep and the appellant arose and went into the kitchen. Appellant returned to the victim shortly thereafter and committed the same act on two more occasions. The victim testified she was too frightened to protest until the third time when the activity awoke Kizzie and the two children began to scream and cry. Appellant then left the scene and returned to the bedroom. The victim then dressed and returned home where she informed her parents of the incident.
Appellant raises one issue, whether sufficient evidence of probative value was admitted to support the verdict. Our standards for review of sufficiency questions are well-settled and this case does not require a restatement of those standards.
The facts as reported in this opinion were taken from the direct testimony of the victim. The uncorroborated testimony of the victim of a sexual attack, even if the victim is a minor, is sufficient to sustain a conviction for child molesting.
Smith v. State,
(1982) Ind.,
The intent of the appellant may be inferred from the circumstances of the incident.
Duncan v. State,
(1980) Ind.,
The trial court is in all things affirmed.
