On August 30, 2012, a Michigan father lost his appeal following his conviction for Gross Sexual Imposition against his daughter following a jury trial. His daughter testified that her father, the defendant, and asked her to get in bed with him. While she was lying next to him, he pulled his penis out from his underwear, lifted her panties and put his penis in her buttocks. The daughter testified. The father was acquitted of rape but convicted of GSI.
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He appealed the verdict arguing insufficient evidence. The defendant argued, unsuccessfully, that there was no evidence that this act was done for “purposes of sexual gratification”. The Court of Appeals rejected this argument by finding that a jury could infer that his motivation was sexual stimulation. Essentially, what other non-sexual reason could there possibly be for a father to put his penis on his daughter buttocks.
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