State v. Wood

Defendant appealed her conviction of first degree sexual assault of a protected individual, arguing that the evidence did not support the jury’s finding that Defendant “subjected” the victim to sexual penetration because the victim effectuated the sexual penetration. The Supreme Court affirmed, holding (1) under Neb. Rev. Stat. 28-322.04, the word “subject” means to cause to undergo the action of something specified, and under this definition, there was sufficient evidence that Defendant caused the victim to undergo sexual penetration by willingly participating in the sexual act; and (2) Defendant did not preserve for appeal her argument that the district court erred in allowing the jury to consider evidence that Defendant attended Sexaholics Anonymous. View "State v. Wood" on Justia Law