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Sarras: 1,200-month sentence for step-daughter child porn affirmed

By Tim Cone

In U.S. v. Sarras, No. 08-11757 (June 16, 2009), the Court affirmed convictions and sentences for persuading a step-daughter to engage in sexually explicit conduct for photos.The Court rejected the argument that a doctor the defense called as a witness should have been permitted to opine that, based on his expertise in examining penises, the penis shown on photographs was not that of the defendant. The Court found that the district court had not abused its discretion in concluding that comparing veins in erect penises was not a "reliable identification methodology."The Court found no abuse of discretion in the preclusion of defense questioning of the victim, under Fed. R. Evid. 412, regarding subsequent sexual activity. "Victims of sexual abuse can be traumatized whether or not they have had other sexual relations...continue to full post

Full post as published by Defense Newsletter Blog on June 16, 2009 (boomark / email).