Hamm v. State

Phillip Hamm (plaintiff) worked in a supervisory capacity with children at his church. Hamm frequently invited children from the church over to his home to play kid-friendly activities organized by Hamm. M.C. and N.C., both nine-year-old girls, were frequently invited to Hamm’s home. Hamm also babysat M.C. on multiple occasions. N.C. and M.C. both reported that Hamm touched them inappropriately during their visits; N.C. stated Hamm rubbed her buttocks, and M.C. stated Hamm digitally penetrated her. The State of Arkansas (defendant) charged Hamm with sexually assaulting N.C. and with raping M.C. N.C.’s case was tried first, and Hamm was acquitted. At M.C.’s trial, the court admitted testimony from N.C. and from Robbie Sullivan, another minor girl, who had witnessed Hamm place a young girl in position straddling his pelvic area while he reclined on an air mattress during an overnight church function. Sullivan’s and N.C.’s testimonies were admitted as evidence of Hamm’s proclivity to commit pedophilic offenses. Although past-acts evidence was usually inadmissible to prove proclivity, Sullivan’s and N.C.’s testimonies were admitted under Arkansas’s pedophile exception. Hamm was convicted and sentenced to 17 years in prison. Hamm appealed, arguing that (1) the trial court inappropriately denied Hamm’s request to introduce evidence of his acquittal in N.C.’s case; and (2) the interaction Sullivan witnessed between Hamm and the young girl during the overnight church function was not sexually motivated.