State v. Scovill

The defendant, Timothy Scovill, appeals his conviction on two counts of felonious sexual assault in violation of RSA *410632-A:3 (1996) (amended 1997) following a jury trial, arguing that the Superior Court (Smith, J.) erred in admitting the complainant’s journal as substantive evidence rather than as impeachment evidence. We reverse and remand.

The following facts were adduced at trial. The complainant and the defendant first met in December 1995. A few days later, the complainant and the defendant met again, and she disclosed to him that she was thirteen years old. The defendant informed her…