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R.'s testimony, she and Defendant went to a nearby field and “had sex.” Defendant had parked his truck in such a way that it blocked the tenants' vehicles. returned, the apartment manager saw them “hugging and kissing.” Defendant's wife confronted the couple, banging on the car window. Attached to the divorce petition were letters purportedly written by C. to Defendant which discussed their romantic involvement and her love for him. She further testified that about May 31, the two “had sex” at the Best Western Motel.
Carnal knowledge of a juvenile is committed when:(1) A person over the age of seventeen has sexual intercourse, with consent, with any person of the age of twelve years or more, but under the age of seventeen years, when there is an age difference of greater than two years between the two persons and the victim is not the spouse of the offender; or(2) A person over the age of seventeen has anal or oral sexual intercourse, with consent, with a person of the age of twelve years or more, but under the age of seventeen years, when there is an age difference of greater than two years between the two persons. Lack of knowledge of the juvenile's age shall not be a defense. In support of his argument, Defendant relies on State v. We find that the Marigny case is distinguishable; the circumstances of that case and the conflict between the testimony of the defendant and the victim raised a serious question as to the young, never-married victim's understanding of sexual matters. When the group returned to West Monroe, Defendant dropped off the other two girls. He was convicted on all counts by a unanimous jury. and her vocabulary in describing what acts transpired between them. Additionally, he asserts that several matters to which Christy Cook testified, including her testimony that Defendant tried to persuade her to take the possibly pregnant C. to see an out-of-town doctor he knew, should have been excluded on the basis of relevance. Hearold, 603 So.2d 731 (La.1992), the Louisiana Supreme Court stated that, when issues of both sufficiency of the evidence and trial errors are raised on appeal, the reviewing court should first determine the sufficiency of the evidence. When one of the girls refused, the group instead went to the mall for a couple of hours. to a hotel where, according to her testimony, they “had sex.” Defendant told C. that he loved her and that he was going to divorce his wife. She further testified that Defendant picked her up to take her to a track meet in Lake Charles, and they stopped by his house to “have sex.” On or about April 24, the two stayed overnight in a motel in Natchitoches. He was subsequently indicted on eight counts of carnal knowledge of a juvenile. Although Defendant argues that this testimony was irrelevant, we find that this evidence was relevant in that it corroborated part of C. A new basis for an objection cannot be raised for the first time on appeal. Defendant also complains of Christy's testimony that she and another girl went to Shreveport with Defendant and C. Christy testified that she refused and they went to a mall instead, before returning to West Monroe. Defendant made no relevancy objection to this portion of her testimony.
He did, however, assign and brief the issue on appeal; and, therefore, we will consider it.