Thomas, III v. United States

Summary

The District of Columbia Court of Appeals reversed James Thomas's conviction for misdemeanor sexual abuse, holding the evidence insufficient to prove beyond a reasonable doubt that he grabbed the victim's buttocks with the intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire. The victim's own consistent account — that Thomas grabbed her buttocks only to pull cash from her tight back pocket and that the touching 'wasn't inappropriate at all' — was equally consistent with an incidental grab made in the course of stealing her money. Because evidence of the required intent was in equipoise with the alternative theft intent, no rational factfinder could have found the intent element beyond a reasonable doubt. The court declined the government's request to remand for entry of judgment on simple assault.