What constitutes cohabitation for aggravated sexual abuse charges? State v. Watkins Explained

In State v. Watkins, the Utah Court of Appeals addressed what constitutes cohabitation for purposes of establishing a position of special trust under Utah’s aggravated sexual abuse statute. This case provides important guidance for practitioners handling sexual abuse cases involving family relationships.

Watkins was convicted of aggravated sexual abuse of a child after inappropriately touching his niece’s ten-year-old daughter while living temporarily with the child’s family. The aggravating circumstance was Watkins’s position of special trust as an “adult cohabitant” of the child’s parent under Utah Code section 76-5-404.1(4)(h).

The court rejected Watkins’s argument that temporary residence cannot establish cohabitation. Drawing from the Cohabitant Abuse Act’s definition, the court held that cohabitation includes situations where someone “resides or has resided in the same residence.” The key factors are whether the person treats the place as home and shares financial obligations, not the intended permanency of the arrangement.

The court also affirmed the denial of Watkins’s motion for a new trial based on text messages between the stepmother and her sister. These messages allegedly contradicted the stepmother’s trial testimony about whether the child had been spanked. However, the court found the messages were cumulative evidence that would not likely change the outcome, as they didn’t support any theory of intent actually raised at trial.

For appellate practitioners, this case demonstrates the importance of thoroughly developing alternative theories of intent during trial rather than attempting to introduce them post-conviction. The court’s analysis of cohabitation also shows that temporary living arrangements can still establish the special trust relationship necessary for enhanced penalties in sexual abuse cases.