Following a jury trial, defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(l)(b); MSA 28.788(2)(l)(b), аnd was sentenced to a prison term of from five to fifteen years. Defendant appeals as of right and we affirm.
Defendant first argues that the trial court committed errоr mandating reversal by admitting into evidence complainant’s testimony regarding subsequent acts of sexual abuse committed by defendant upon her. Defendant contends that thе
Jenness-DerMartzex [People v Jenness,
The fourteen-year-old complainant testified at trial that in November, 1986, defendant, her stepfather, forced her to have anal sex in the basement of their house. Defendant оrdered complainant to pull her pants down and to bend over a step laddеr. Defendant then inserted his penis in her rectum.
Complainant then testified over defendant’s objection that on two occasions after that, in February, 1987, defendant took her to a motel and forced her to engage in sexual intercourse with him. On both occasions, defendant penetrated complainant’s vagina with his penis.
Defendant wаs charged with and convicted of the November, 1986, incident.
The admissibility of evidence rests within the sound discretion of the trial court and the exercise of that discretion will not bе overturned on appeal unless there has been a clear abuse of thаt discretion.
People v Johnson,
The
Jenness-DerMartzex
exсeption survived the adoption of the Michigan Rules of Evidence. This Court has utilized the exception in cases decided after the rules of evidence took effect. See
People
v
Skinner,
We do not believe that the trial court erred by admitting into evidence complainant’s testimony regarding subsequent acts of sexual abuse committed by defendant. The rationale behind the Jenness-DerMartzex exception is that рrior sexual acts between the defendant and the victim are a part of the рrincipal transaction necessary to weigh the victim’s testimony regarding the principal transaction. DerMartzex, supra, pp 413-415. The admission of the subsequent-act testimony in this case was consistent with that rationale. In the Jenness and DerMartzex cases, it was the incredibility inherent in a seemingly isolatеd act of sexual misconduct within a household that prompted the courts to admit thе evidence of prior misconduct. The same is true of subsequent acts becausе they are part of the pattern of abuse. The offense charged need not always be based on the last incident of sexual misconduct. When, as here, it is not, the victim’s credibility is still subject to being undermined by the isolated appearance of the charged offense. Although the subsequent acts of sexual abuse occurred away from home, it was the stepfather-stepdaughter relationship that gave defendant the authority and opportunity to take complainant out of the house to avоid discovery. Therefore, the trial court properly applied Der-Martzex in admitting comрlainant’s testimony concerning the subsequent acts of misconduct..
Defendant also argues that he was denied a fair trial and his right to confront witnesses due to the prosecutor’s improper injection of facts not in evidence into his closing argument. We disаgree. Defendant raised a timely objection to the chai *739 lenged remark, which was sustained by the trial court. The jury was instructed to disregard the challenged remark. At the clоse of trial, the jury was instructed on the proper consideration to be afforded the closing arguments of the attorneys. Under these circumstances, defendant was not denied a fair trial or his right to cross examine witnesses against him.
Affirmed.
