State v. Baymon

424 S.E.2d 141, 108 N.C. App. 476, 1993 N.C. App. LEXIS 97
CourtCourt of Appeals of North Carolina
DecidedJanuary 5, 1993
Docket917SC943
StatusPublished
Cited by6 cases

This text of 424 S.E.2d 141 (State v. Baymon) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baymon, 424 S.E.2d 141, 108 N.C. App. 476, 1993 N.C. App. LEXIS 97 (N.C. Ct. App. 1993).

Opinions

[478]*478GREENE, Judge.

Defendant appeals from judgments entered 21 March 1991, which judgments are based on jury verdicts convicting defendant of two counts of first-degree sexual offense, N.C.G.S. § 14-27.4 (1986), and two counts of first-degree rape, N.C.G.S. § 14-27.2 (1986).

In relevant part, the evidence presented by the State established that Christina, who was nine years old at the time of trial, lived with her mother, her sister, and defendant in Wilson, North Carolina. Christina testified that defendant would make her stay in the house while other children were outside playing, and that he would perform sexual acts on her while they were on the couch in the living room. In essence, Christina testified that defendant penetrated her both vaginally and rectally, and performed cunnilingus on her. The things defendant did to Christina hurt her and she would sometimes bleed. Christina did not tell anyone about defendant’s actions because she feared that she would get in trouble.

Christina’s cousin testified that on 2 July 1990, Christina told her that defendant had been “messing with her.” On 13 July 1990, Christina complained to her cousin a second time, and appeared to have difficulty sitting. Christina went to the bathroom at her cousin’s house, and shortly thereafter her cousin found blood in the commode. When questioned, Christina, pointing to her vagina, told her cousin that defendant “stuck his thing in me and caused me to bleed like that.” On 14 July 1990, Christina told a similar story to her aunt.

Patty Renfrow (Renfrow), a social worker with Wilson County Social Services, testified that she first met Christina on 2 July 1990, during a visit to Christina’s home which was prompted by a referral indicating that Christina and her sister were being neglected and abused by defendant. Christina appeared to be nervous during this visit. Renfrow visited the home again on 14 July 1990, at which time Christina’s cousin, Wilson Police Department Detective Tim Bunn, and social worker Debbie Orcutt (Orcutt) were present. Orcutt had been contacted by the police department in response to a call by Christina’s aunt indicating that Christina had been sexually abused by defendant and was bleeding from the rectum. Christina told Renfrow that she had been bleeding from her rectum and that defendant had “stuck his ding-dong” in her. Christina’s mother, cousin, Detective Bunn, and Renfrow took Christina to Immediate Care. While at Immediate Care, [479]*479Renfrow and Detective Bunn interviewed Christina, who told them about defendant’s actions and demonstrated cunnilingus and both vaginal and anal intercourse with anatomically correct dolls. Christina was then examined by Dr. Brna for evaluation of possible sexual abuse.

Dr. Brna testified that he performed a genital exam on Christina, which revealed a significant amount of redness and irritation and tenderness around the urinary opening. Dr. Brna testified that such irritation could result from a number of causes, including bubble bath or poor hygiene. Because Christina was very tender, Dr. Brna “could not do a very good vaginal exam,” however, he did not see any secretions or tears in the area. A rectal exam revealed no external tears, bruises, or lacerations. Dr. Brna testified on cross-examination that the history he had obtained from Christina and Renfrow prior to performing the examination was that Christina may have been fondled or had some penile contact, but, contrary to Renfrow’s testimony, that no penetration had occurred. He further testified that he could not see into the vagina, and could not positively determine whether the hymen was open. Dr. Brna also testified that the redness and irritation was around the urinary opening, above the vagina, and that he saw no evidence whatsoever of sexual abuse in Christina’s rectal area. He also stated that, in his medical opinion, there had been no penetration of Christina’s vagina.

Christina’s teacher, Susan Everett (Susan), testified that Christina is in a class for students who are considered “educable mentally handicapped,” and that Christina has an IQ of forty-eight. On direct examination, Susan was asked whether she had “had an opportunity, during the course of the year, to observe Christina in terms of relating factual happenings . . . .” Susan responded, over defendant’s objection, that Christina “would relate things to me, . . . like she had been to church, and in a couple of weeks, she’d come and she would be singing a song I know she had learned in church, so I knew she hadn’t made that up.” Susan further testified that Christina “might would [say] she had been shopping. She’d have on some new clothes so I knew that it was true. ... I have never had any reason to doubt that what she tells me is not true.”

Dr. Vivian Denise Everett (Dr. Everett), director of the child sexual abuse team at Wake Medical Center in Raleigh, North [480]*480Carolina, testified as an expert in the field of pediatric medicine and child sexual abuse. Dr. Everett testified that on 31 July 1990, the child sexual abuse team conducted an evaluation for child sexual abuse on Christina. As part of the ^evaluation, the team’s counselor, Kimberly Crews (Crews), conducted a videotaped interview with Christina. Following the interview, Crews discussed the interview with Dr. Everett, who then performed a medical exam on Christina. Dr. Everett’s examination of Christina’s genital area revealed that the opening of Christina’s hymen measured six millimeters, which, according to Dr. Everett, was unusual because children less than thirteen years old should have an opening measuring from zero to four millimeters. Dr. Everett testified that an opening measuring greater than four millimeters is a strong indicator of sexual abuse. The examination also revealed some redness in the vaginal area as well as increased vascularity, which Dr. Everett characterized as “non-specific findings.” Dr. Everett did not find any tears or lacerations in the area, however, she stated that, because of the “miraculous healing power” of the hymen, the majority of girls who have been sexually abused show no physical trauma to the hymen. A rectal exam revealed “no abnormality,” however, again Dr. Everett explained that it is very difficult to find significant rectal findings in children who have been sexually abused due to the rapid healing process of rectal tissue. Dr. Everett testified that, in her opinion, both the physical exam and the history given by Christina in the interview with Crews were consistent with sexual abuse. The following exchange then occurred between the prosecutor and Dr. Everett:

Q. In your experience, Dr. Everett, in general, do children lie about sexual abuse?
[Defense Counsel]: Objection.
THE COURT: Overruled.
A. In my experience children do not lie about sexual abuse.
[DEFENSE Counsel]: Motion to strike, Your Honor.
The COURT: Motion to strike is denied.

On redirect by the prosecutor, Dr. Everett testified as follows:

Q. Now, your entire evaluation of Christina, including this [videotape] and the physical exam, what, if anything, what [481]*481if any fact did you ever pick up on from Christina, anything else you heard, that someone was telling Christina what to say?
[Defense Counsel]: Objection.
THE COURT: Overruled.

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Related

Schutz v. State
957 S.W.2d 52 (Court of Criminal Appeals of Texas, 1997)
State v. Baymon
446 S.E.2d 1 (Supreme Court of North Carolina, 1994)
State v. Baymon
424 S.E.2d 141 (Court of Appeals of North Carolina, 1993)

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Bluebook (online)
424 S.E.2d 141, 108 N.C. App. 476, 1993 N.C. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baymon-ncctapp-1993.