United States v. Hawkins

Facts

Defendant texted his niece at 4AM to see if she wanted to exercise that morning. He lied and said the Fort Hood gym, where they usually work out, was closed and wanted to go to the isolated Belton Lake instead. They started with core exercises and after she got sore, defendant offered to message her stomach. She allowed the message, but the defendant moved his hands under her pants. Victims responded by saying “Uncle Ruel, I don’t think you should be doing that.” Defendant then pulled down her pants and began performing oral sex on her for a few seconds.

The victims jumped up, grabbed her phone, and then started running away crying. She flagged down a passing truck and told the driver that her uncle just molested her. The police then found the defendant who denied touching his niece in a sexual manner. At trial, however, defendant said he lied to the police and admitted to touching his niece but arguing that she consented to it. Defendant was found guilty. On appeal, defendant argues 1) that there is a mens rea requirement that he knew the sexual contact was without permission and 2) that proof did not exist here of that knowledge.