State v. Howe

[¶ 1] David E. Howe appeals from a conviction of gross sexual assault, (Class A), 17-A M.R.S.A. § 253(1)(B) 1 after a trial by jury in the Superior Court (Somerset County, Gorman, J.). Howe argues that the trial court improperly excluded evidence of the alleged victim’s sexual history pursuant to M.R. Evid. 412. We disagree and affirm Howe’s conviction.

I. CASE HISTORY

[¶ 2] This case involves an act of oral sex between David E. Howe, age 39, and his eight-year-old daughter. The State and defense agreed that the sex act occurred. The State contended that Howe directed his daughter to perform…