State v. Tevay

707 A.2d 700 (1998)

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State v. Tevay

Rhode Island Supreme Court
707 A.2d 700 (1998)

DC

Facts

Nolan Tevay (defendant) was the stepfather of 12-year-old Jody (a fictitious name). One afternoon in 1994, Jody’s mother asked her to go wake Tevay up for work. After Jody shook Tevay to wake him, Tevay grabbed Jody and forced her onto the bed. Tevay then touched Jody’s buttocks and forced her to touch his penis. During the encounter, Tevay’s eyes were halfway open. Jody was able to get away from Tevay and, after running out of the room, told her mother that she thought “[Tevay] thought I was you,” but did not tell her mother any other details of the incident. After the incident, Tevay threatened to beat Jody if she told anyone. Tevay later moved out of the house, but in February 1995, Jody’s mother told her that Tevay would be moving back into the home. As a result, Jody told her mother about the incident. Tevay was later charged with two counts of second-degree child molestation related to the incident and, following trial, was convicted on one of the counts by a jury. Tevay then appealed his conviction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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