Alaska v. Thompson

Dana Thompson was convicted of 13 counts of first degree sexual abuse of a minor and 4 counts of second degree sexual abuse of a minor stemming from a 4-year sexual relationship with the daughter of a family friend. The first degree sexual abuse of a minor convictions were based on the alternative theories that Thompson either: (1) occupied a “position of authority” over the victim; or (2) resided in the same household as the victim and had authority over her. Thompson argued to the court of appeals that the leading case interpreting the phrase “position of authority,” was wrongly decided. He alternatively argued that the jury was improperly instructed about the meaning of the phrase “position of authority.” The court of appeals rejected both arguments. Thompson also argued to the court of appeals that the superior court erred by failing to merge many of his convictions. The court of appeals rejected his argument that the rules for merger in sexual abuse of a minor cases should be different than the rules for merger in sexual assault cases. The court reaffirmed that for both types of cases the unit of prosecution is the distinct act of sexual penetration of different bodily orifices. But the court of appeals found that the superior court had misapplied the rules for merger and held that Thompson’s convictions for digital penetration, penis-to-genital penetration, and penetration with an object during the same time period merged because the same orifice was involved and the evidence was ambiguous as to whether each act “accompanied” the other acts. The State petitioned for review of the court of appeals’ merger ruling, proffering a rule allowing separate convictions for penetration with different objects or body parts, regardless of the time period. Thompson cross-petitioned, arguing the court of appeals’ rulings on “position of authority” and concluding that the jury was properly instructed, were erroneous. He also argued the unit of prosecution for merger purposes should be the “sexual episode” and that many of his convictions should have therefore merged. The Alaska Supreme Court found no error in the appellate court's judgment and affirmed. View "Alaska v. Thompson" on Justia Law