Christopher A. Scott appeals his conviction for committing a lewd and lascivious act in the presence of a child younger than 16 years of age. We conclude that the trial court erred in excluding evidence that the victim was on probation at the time of Scott’s trial and reverse.
In Daniels v. State,
In the present case, there were no other witnesses to the crime and there was no physical evidence connecting Scott to the crime. Consequently, the victim’s credibility was crucial to the State’s case. The victim had been adjudicated delinquent of a felony and was on probation at the time of Scott’s trial. Therefore, the defense should have been allowed to question the victim about her probationary status.
Accordingly, we reverse Scott’s conviction and remand this cause for a new trial.
