Cleburne Times-Review, Cleburne, TX

Joshua

November 20, 2009

New charge topic of sexual assault case

A jury began deliberating a case of alleged sexual assault of a child Thursday afternoon, using a new charge created by the 80th Texas Legislature in 2007.

Clinton Ray Ivy, 28, was arrested in Keene on April 16 and is charged with continuous sexual assault with a young child or children. If found guilty, Ivy faces a minimum of 25 years and a maximum of 99 years in prison.

To be found guilty of the crime, the accused must commit “two or more acts of sexual abuse against children younger than 14 years of age ... with the intent to arouse or gratify the sexual desire” of the defendant within a period of 30 days or more, according to court documents.

In closing arguments, Ivy’s attorney, Robert Ward, claimed that the two alleged victims – girls, ages 7 and 9 – were coached by their mother before their testimony and that the mother waited until a day after the girls claimed Ivy assaulted them to contact Child Protective Services.

“You heard Officer Pat Jones testify this morning that [Ivy] was arrested for the offense of aggravated sexual assault of a child,” Ward said, noting that Jones’ police report did not list any further charges.

Ward also argued that the testimony of one girl demonstrated that she was unsure if she had sexual contact with Ivy. He also argued that no physical evidence was found.

Brent Huffman, assistant to the district attorney of Johnson County, said the girls’ testimony was too detailed to be false, and no DNA evidence was found because of the time that elapsed before the girls spoke out.

“These girls were scared to make an outcry, and when they finally did, it was at least five months after any of this started,” he said.

Under this charge, Ivy would not be eligible for probation if found guilty by a jury.

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Joshua
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