People v. Huyser

Defendant appeals as of right his conviction by jury of second-degree criminal sexual conduct. MCL 750.520c(l)(a); MSA 28.788(3)(l)(a). We reverse.

Defendant moved into the home of Heidi Phillips in 1988 and remained there for approximately one and one-half years as Phillips’ live-in boyfriend. Phillips’ five-year-old daughter also lived with the couple. Approximately three years after defendant moved out of Phillips’ home, the daughter alleged to a school counselor that defendant had sexually molested her. Defendant was charged with first-degree criminal sexual conduct.

The prosecution…