United States v. Manuel Jesus Torres

Manuel Jesus Torres appeals his conviction on two counts of aggravated sexual abuse in violation of 18 U.S.C. § 2241 (c) (1988). He contends, first, that the district court erred in refusing to allow him to cross-examine the victim regarding a subsequent incident of sexual behavior with another individual; second, that the district court erred in refusing to allow him to present testimony that the victim’s father had molested her two half-sisters when they were the victim’s age; and third, that the district court erred in refusing to give the jury a lesser-included offense instruction on abusive sexual contact. We have jurisdiction under 28 U.S.C. § 1291 (1988) and we affirm.

FACTS AND PROCEDURAL BACKGROUND

In early February 1988, a mother discovered the bloodstained shorts and panties of her 9-year-old daughter hidden in the back of a closet. When first questioned about the stained clothing, the girl began to cry and refused to answer. The next morning, in response to further questioning, the girl stated that Torres, who resided in the house with the girl’s older sister, was responsible.

The mother then took the girl to a clinic where a pediatrician conducted a gynecological…