State v. McGriff

In State v. McGriff, 151 N.C. App. 631, 566 S.E.2d 776 (2002), the 13-year-old victim knew defendant because defendant was dating and living with her friend's sister. The victim and her friend visited defendant's house every day after school to babysit, often when there were no adults other than defendant in the house. The victim had known defendant for approximately two months when he began calling her on the phone, touching her inappropriately, and writing letters to her. On the date of the incident which led to defendant's conviction of statutory rape, defendant talked the victim into coming over to his house. When she arrived, defendant told her to come upstairs with him where he then raped her. The Court concluded that this evidence was sufficient to support a determination that defendant took advantage of a position of trust or confidence to commit the offenses charged.