SUPERIOR COURT OF PENNSYLVANIA ORDERS NEW TRIAL FOR WOMAN CONVICTED OF ENDANGERING THE WELFARE OF CHILDREN

The defendant was convicted of endangering the welfare of a child for allegedly failing to report sexual abuse perpetrated by her husband against their adoptive daughter.  The accuser had previously made three false sexual assault allegations against other people, and the trial court prevented Attorney Noel’s client from introducing evidence of the accuser’s prior false allegations on the grounds that such evidence was barred by Pennsylvania’s Rape Shield Law.

After taking over the matter for direct appeal, Attorney Noel contended that the Rape Shield Law did not apply to non-sex offense charges, such as endangering the welfare of children.  In support of this contention, Attorney Noel advanced a technical statutory construction argument.  Attorney Noel further argued that even if the Rape Shield Law applied to her client’s case, it still would not have barred the introduction of evidence concerning the accuser’s prior false allegations, because such evidence fell outside the scope of evidence barred by the Rape Shield Law and was admissible to demonstrate that the accuser was being untruthful about the present allegations.  In a published opinion, the Superior Court adopted each of Attorney Noel’s arguments in full, vacated her client’s conviction and ordered a new trial.

Attorney Noel represented her client at the re-trial.  Her client, who had no prior criminal record, was found not guilty of all charges.