I'm gonna do a series of these periodically. I'm doing a sample test on the results. Give YOUR HONEST VOTE ON THE POLL. Case: Man is charged with sexual battery on a minor under 12 Affidavit: An 8 year old girl claims her male babysitter(aged 41) molested and sexually battered her. She says he would sit her on his lap and touch her vagina. She also claims he makes her give him oral sex. She does not know how many times this has happened, but says "a lot." Mother was eventually told after approx 6 months and has called the police which lead to an arrest. -The TRIAL- Prosecution: -Provides video footage of a state psychologist's interview with the girl. Girl(in the video), after struggling, confirms what is in the affidavit. -State psychologist says the child's behavior during the interview is consistent with abuse victims. -Defense cross exams and asks if the girl could have been nervous. State psychologist says "no, she was clearly sad" -Defense calls out the psychologist for "asking leading questions" such as "how did (defendant name) abuse you" rather than "were you abused? who abused you?" -Defense is asked by judge to reword questions and statement as to not "badger" or "accuse the psychologist of bad practice". -Defense doesn't go any further. -Girl testifies on the stand and repeats the story. -Prosecution asks the girl to describe the defendant. -Girl says he has a small mark "when he is naked." -Prosecution asks specifically if the mark is near his "pee-pee" -Girl confirms. -State provides photos, taken as evidence, of the defendant's privates. -Photos show a small mark on inner thigh directly across from penis. -Mother testifies, but does not say anything other than she believes her daughter was abused by the defendant. -Mother agrees with defense's cross examination that she had no reason to suspect anything. She simply believes her daughter. -State rests. Defense: -Says the accusations are "bogus" and "way from left-field." -Says the mother has multiple boyfriends and any one of them could be the abuser if there IS an abuser. -Says the photos and girl's accurate description of a "mark" has no merit simply because it is visible in short shorts such as swimming trunks. -Defendant testifies and denies the accusation. He does not know why he is being accused of this, but thinks the mother has coerced her daughter. -Defense says there's no DNA evidence to prove anything. -Defense brings up the girl being asked leading questions specifically about mark(s) near his privates. -Defense repeats that this is not enough to find a person guilty. -Defense brings up that the girl does not even know how many times she was allegedly abused and that the mother confirmed that she had no reason to suspect anything. -Defense admits they found no motive for a false accusation, but reaffirms that the allegations are false. -Defense rests. JURY INSTRUCTION: Judge tells the jury(which you are apart of) that to find the defendant guilty of sexual battery on a child under 12 years of age the State must prove: 1. the victim was less than 12 years of age 2. ANY of the following(can also be all): (Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] penetrated or had union with the [anus] [vagina] [mouth] of the [(victim)] [(defendant)]. (Defendant) committed an act upon (victim) in which the [anus] [vagina] of (victim) was penetrated by an object. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] would have penetrated or would have had union with the [anus] [vagina] [mouth] of the [(victim)] [(defendant)]. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act upon (victim) in which the [anus] [vagina] of (victim) would be penetrated by an object. Judge provides the following "lesser included offenses" if you cannot find the defendant guilty of the state's charge, but you find him guilty of an offense: Category one: Felony Battery Category two(aka second option): Attempted sexual battery Assault Aggravated Assault Aggravated Battery If you find him NOT GUILTY of ANY offense, then you simply vote as such. VERDICT: As a jury member and after going through both the prosecution and defense's evidence, what's your verdict?