Background
Robert Wayne Mathews was charged with sexual battery of his 13-year-old step-granddaughter, G.H., occurring between December 31, 2022, and May 8, 2023. G.H. testified that Mathews repeatedly touched her buttocks, thighs, vaginal area, and breasts without consent in both his truck and home, and showed her pornographic anime images. The victim disclosed the abuse to her mother, K.H., who reported it to law enforcement. Mathews had a prior 2002 conviction for misdemeanor carnal knowledge of a juvenile involving two teenage girls. The trial was conducted as a bench trial (judge rather than jury).
The trial court found G.H. credible and proved every element of sexual battery beyond a reasonable doubt. At sentencing, the court considered Mathews’ position of trust as a step-grandfather, his prior sexual offense conviction, his lack of remorse, and his utilization of that position to facilitate the crime. Mathews received seven years’ imprisonment at hard labor without benefit of probation, parole, or suspension of sentence, and was designated a Tier I sex offender for 15 years.
The appellate court affirmed the conviction, holding that the state proved all essential elements of sexual battery beyond a reasonable doubt. The court rejected Mathews’ argument that inconsistencies between G.H.’s testimony and physical evidence rendered the conviction insufficient. While G.H. may have been inaccurate about the specific date of the first incident, victim testimony is alone sufficient to convict in sexual battery cases even without medical or physical evidence. The court noted that children are typically inaccurate about dates, and G.H. was clear and consistent about the nature of the touching itself. Minor inconsistencies with her sister D.H.’s testimony about whether a blanket was present or the exact location of incidents did not constitute grounds for reversal.
On the sentencing issue, the court affirmed that the trial judge properly considered all relevant factors under Louisiana Criminal Code Article 894.1, including Mathews’ personal history, prior criminal record, and the seriousness of the offense. The seven-year sentence—a mid-range sentence, not a near-maximum one—was not constitutionally excessive. The court emphasized that trial judges have broad discretion in sentencing, and appellate courts review only whether that discretion was abused. The court found the sentence proportionate given Mathews’ exploitation of his position of trust and his prior conviction for sexual crimes against minors.
This decision reinforces critical principles in child sexual abuse prosecution in Louisiana: victim credibility and direct testimony remain the cornerstone of proof, and appellate courts apply substantial deference to trial judges’ credibility determinations. The opinion addresses common defense tactics—attacking victim testimony through minor date inconsistencies and introducing physical evidence of minor conflicts—and holds that these do not undermine conviction when the essential elements of the crime are proven.
The sentencing affirmance is significant for prosecutors and courts dealing with repeat sexual offenders. It establishes that courts may properly consider a defendant’s prior conviction for sexual crimes against minors even when decades old, that exploitation of a position of familial trust is a substantial aggravating factor, and that seven-year sentences for sexual battery of children are well within acceptable ranges and not subject to reversal as excessive.
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