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WILKES-BARRE — Evidence of a 5-year-old’s alleged prior sexual conduct will not be admitted in court.
A Luzerne County judge at a motions hearing Monday denied, among other motions, accused child rapist William Charles Wunner’s request to introduce at trial evidence of his alleged victim’s sexual history, according to court papers.
Wunner, 29, of Wilkes-Barre, filed court papers earlier this year seeking to admit evidence the 5-year-old girl had engaged in sexual activity which her mother “did nothing about.”
The court papers argued the mother’s knowledge of this activity coupled with her resentment for Wunner motivated her to accuse him of assaulting her daughter. Wunner also argued this biased the alleged victim toward him.
Court papers indicate Judge David W. Lupas ruled the girl competent to testify and found no evidence her testimony was tainted.
He ruled further that prosecutors may introduce testimony under the “tender years exception” to hearsay rules. The exception allows the introduction at trial of out-of-court statements made by a young child in cases of suspected abuse.
The judge also ruled Wunner will not be allowed to introduce the alleged victim’s grandfather’s criminal history at trial, court papers say.
Wunner is charged with rape of a child, involuntary deviate sexual intercourse with a child, endangering the welfare of children, corruption of minors, indecent assault of a person less than 13 years of age and indecent exposure.
According to a criminal complaint, the girl’s mother reported on June 22, 2014, that Wunner had sexually assaulted her daughter in April and May inside a Wilkes-Barre residence.
Relatives told police the girl had become withdrawn, began exhibiting a fear of men she did not know and would spit on her brother, the complaint says.
The alleged victim’s grandmother said the girl pulled away when she was helping the girl get dressed, police say. The grandmother assured the girl she was safe and said it was okay to tell her if something bad was happening.
The girl began to shake and said someone would kill her if she told before she finally alleged “Will” was touching her, the complaint says.