Carmell Vs Texas

Carmell Vs. Texas

Punishment is the outcome to every wrong doing someone does. However, there's usually a loop hole to a crime that ends up changing the final sentence . In the case of Carmell Vs. Texas, the crime that the defendant was charged on, had occurred during the time in which the state of Texas had changed the law on the action he was accused for commiting. All Scott Carmell needed to avoid life in prison for sexually assaulting his stepdaughter was a good lawyer. It is often difficult to ascertain whether a given change in the law hurts the defendant, helps him, or is neutral.But for Carmell the law spoke in his favor.

Scott Leslie Carmell was a counselor in Texas specially trained to help victims who were sexually abused by family members. Carmell was single until he married one of his ex -patients, Eleanor Alexander. Eleanor had a 10 year old daughter ,K.M., from her previous marriage when she married Scott in 1988. Beginning in 1990, Carmell began to make inappropriate sexual advances toward his stepdaughter., telling her it would encourage family togetherness. These encounters continued and got more and more intimate until Carmell finally had sex with K.M. in September 1993. The sexual relationship continued until early 1995 when she finally told her mother what had been going on for the past five years. Eleanor then filed a complaint with the police. Carmell was tried and convicted in January 1997 of two counts of aggravated sexual assault, five counts of sexual assault and eight counts of indecency with a child. He received a sentence of life in prison for aggravated sexual assault and 20 years in prison on the counts that remained.

The punishment was given, however, Carmell's attorney argued before the state appellate court that his conviction on several counts, including those of aggravated sexual assault, were given without enough evidence. He also argued that the case was decided ex post facto, or based on a law that came into existence after the offense took place. Under Article 38.07 of the Texas Code of Criminal Procedure as it stood at the time of the assault, a conviction for sexual assault was supportable on the uncorroborated testimny of the victim if the victim was younger than 14 years old at the time of the offense. However, if the victim was 14 years old or older, the victim's testimony could support a conviction only if that testimony was corroborated by other evidence (Law.cornell.edu Para.