Man guilty of sexually assaulting 2-year-old
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Scott Anderson
ELKHORN — A former Whitewater man could face more than 60 years in prison after being found guilty Tuesday of sexually assaulting a 2-year-old girl.
A seven-woman, five-man jury deliberated about two hours before returning the verdict against 35-year-old Scott L. Anderson. He also was found guilty of two other charges—possession of marijuana and drug paraphernalia.
Walworth County Judge John Race set sentencing for 10:30 a.m. Friday, Jan. 11. Anderson faces a maximum sentence of more than 60 years.
Anderson was charged with sexually assaulting the 2-year-old while sleeping with her Sept. 2, 2011. He lived with the girl's mother and four of the woman's children.
The mother said she and her children shared a bedroom with Anderson, who portrayed himself as a friend who babysat for the woman.
Anderson testified the children called him "Papa," and he viewed his relationship with them as family.
Whitewater police officers responded to a call Sept. 2 from the girl's mother. The woman said she found Anderson sleeping with her 2-year-old daughter, and that he had his hand under the child's diaper.
A key decision for the jury was whether Anderson touched the child with the intent of receiving sexual arousal or gratification. Although his version of events on Sept. 2 varied, it was clear that he admitted to officers, and he said on the witness stand, that his hand was under the 2-year-old's diaper and was touching her genitals.
Sexual contact requires that Anderson touched the child with the intent to become sexually aroused or gratified. On the witness stand, Anderson repeatedly said he never had contact with the child for, as he put it, "sexual pleasure."
Anderson said the girl's mother woke him up and questioned why his hand was under the child's diaper. He said he didn't know he was touching the child until her mother woke him up.
Defense attorney Joshua Klaff, Janesville, asked the jury to consider the mother's testimony based on the condition of her apartment.
"We know from the facts the apartment was filthy and had no electricity," he said. "Feces was on the floor, and there were dangerous animals in the apartment.
"She said she saw the baby's diaper was not on properly," Klaff said. "Are we to believe that the diapers were always on perfectly except for this one occasion? How can she be trusted to tell the truth?
"She claims that she saw inappropriate contact on at least two prior occasions, yet she did not report them," Klaff said. "Can we believe her?"
Walworth County Deputy District Attorney Joshua Grube asked the jury to consider who might not be telling the truth and why.
"Should she have reported it when she saw him masturbating while holding the child under a blanket, causing the blanket to go up and down?" Grube asked the jury. "Yes, she should have, and she didn't.
"She didn't, and she was convicted of a crime for that," Grube said. "But the question is, why would she put herself through all this? Who has a motive to lie?"
Grube claimed the blanket incident proved Anderson received sexual gratification from contact with the child.
Anderson denied Grube's version of the incident. Anderson said he was holding the child next to him, not on him, with a blanket over them. He said any movement of the blanket was the result of scratching an itch on his thigh.
The drug charges were side issues during the trial.
Klaff did not contest the drug charges.
"I do not want to belabor that point," Klaff said during his closing argument.
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