State v. Spaans

455 N.W.2d 596, 1990 S.D. LEXIS 58, 1990 WL 55697
CourtSouth Dakota Supreme Court
DecidedMay 2, 1990
Docket16738
StatusPublished
Cited by23 cases

This text of 455 N.W.2d 596 (State v. Spaans) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Spaans, 455 N.W.2d 596, 1990 S.D. LEXIS 58, 1990 WL 55697 (S.D. 1990).

Opinions

SABERS, Justice.

Virgil Spaans appeals his conviction for sexual contact with a child under the age of sixteen years.

Facts

In the fall of 1987, Spaans shared an apartment with the father of B.O., a four-year-old girl, and C.O., a two-year-old boy. The children lived with their mother, but spent every other weekend with their father. On at least one of the children’s visits with their father in November of 1987, Spaans allegedly abused the children sexually.

Several months later, the girl informed her mother about the sexual abuse. Mother contacted her therapist, Esther Crandall, for advice. Upon the recommendation of the South Dakota Department of Social Services, the girl eventually began to see Crandall for therapy and evaluation. Shortly thereafter, Crandall also talked to the boy because he asked to see her. Both children' told Crandall about the sexual abuse. Crandall referred both children to clinical psychologist Mary Carole Curran for evaluation and treatment. The children also told Curran about the sexual abuse.

In June of 1988, Spaans was charged with one count of rape and three counts of sexual contact with a child under sixteen. On October 6, 1988, the State filed a motion to allow hearsay testimony by Crandall and Curran about the sexual abuse. On November 4, the State filed a notice of intent to use the hearsay testimony of Crandall and mother. In January of 1989, counsel for Spaans took the deposition of Curran. Before trial, Spaans moved to prevent the State’s experts from testifying as to their opinion of the truthfulness of the children. The court granted this motion.

Spaans was tried before a jury on May 2, 3, and 4, 1989. Both children testified at trial after they were found competent to testify; defense counsel chose not to cross-examine the girl. After the children’s testimony, the State moved, pursuant to SDCL 19-16-38,

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State v. Spaans
455 N.W.2d 596 (South Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
455 N.W.2d 596, 1990 S.D. LEXIS 58, 1990 WL 55697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spaans-sd-1990.