State v. Bingham

In State v. Bingham, 165 N.C. App. 355, 598 S.E.2d 686, disc. review denied, 359 N.C. 191, 607 S.E.2d 648 (2004), the 13-year-old victim met defendant when defendant and the victim's mother began dating. The victim and her mother moved into defendant's house, where they lived for approximately seven months before they moved into a house down the street. The victim and her mother then lived apart from defendant for about five months before moving back into his home. Therefore, the victim had known defendant for one year, and lived in the same house as defendant for seven months of that year, before defendant began abusing her. The Court concluded that this was sufficient evidence that defendant took advantage of a position of trust or confidence to commit the offenses charged.