FROM CHRISTIAN CIRCUIT COURT HONORABLE ANDREW C. SELF, JUDGE
ACTION NO. 15-CR-00473
FOR APPELLANT: Erin Hoffman Yang Frankfort, Kentucky
FOR APPELLEE: Andy Beshear Kentucky Attorney General Gregory
C. Fuchs Assistant Attorney General Frankfort, Kentucky
BEFORE: DIXON, JOHNSON, AND TAYLOR, JUDGES.
Caldwell brings this appeal from a judgment entered by the
Christian Circuit Court on November 2, 2016, following a jury
trial on September 12, 2016. Pursuant to the judgment
Caldwell was sentenced to serve three years' imprisonment
for the crime of sexual abuse, first degree. After reviewing
the record in conjunction with the applicable legal
authorities, we affirm the Christian Circuit Court.
was a long-time family friend of the victim, aged 14 years at
the time of the incident. On July 31, 2015, Caldwell took the
victim and her two siblings to Walmart and McDonald's and
then returned to his apartment. Caldwell called the
children's parents and offered to keep them for the rest
of the day. The parents accepted his offer. Later in the
evening, Caldwell spoke to the children's parents again
and offered to keep them even longer, this time overnight.
The parents again accepted his offer.
victim testified that later evening, she began to feel hungry
and put a pizza in the oven. At this point, she stated that
Caldwell commented on her beauty and how quickly she was
maturing. The victim testified that Caldwell then came up
behind her and put his arms around her in an unwelcome
embrace, sliding his hands under her shirt and touching her
breasts over her bra. The victim testified that this lasted
for a minute or two before she told Caldwell she wanted to go
to bed. At that point she said Caldwell pushed her up against
the wall and started kissing her neck when she began yelling
and screaming for him to stop.
victim testified that she was eventually able to extricate
herself from Caldwell in the kitchen and retreated into the
bedroom with her siblings. She held the younger children
tightly and pretended to be asleep. She then heard Caldwell
enter the room but continued to feign sleep. Caldwell left
next day, the victim told her parents about the assault. The
victim's father confronted Caldwell with the allegations.
Father testified that Caldwell denied touching the victim in
a sexual manner but insisted all he did was give her a back
rub. Caldwell, however, did acknowledge to the father that he
"messed up" and wished it had not happened.
was subsequently arrested, tried and convicted of sexual
abuse, first degree, pursuant to KRS 510.110(1)(d) being
found to be a "person in a position of authority or
position of special trust, as defined in KRS 532.045[.]"
On appeal, Caldwell contends that there was no evidence in
the record to support the finding that he was in a position
of special trust with the victim. He argues that his
conviction for sexual abuse, first degree violated his due
process rights when the trial court refused to grant his
motion for a directed verdict.