State v. Abell

GIERKE, Justice.

Robert Abell appeals from his judgment of conviction for the offense of gross sexual imposition in violation of Section 12.1-20-03(2)(b), N.D.C.C. We reverse and remand for a new trial.

Abell was charged with engaging in sexual contact with a twelve-year-old girl through the use of force. 1 Abell was a friend of the victim’s mother, and at the time of the alleged incident was residing with her and the victim in their trailer home in Bismarck. Abell does not dispute that sexual contact — fondling of the girl’s breasts and genitals — did occur, but his defense to the charge is…