He took them into his home when they had no where to go, and now a jury will decide whether Ted Klaudt took advantage of the situation.
The former state lawmaker is accused of molesting two of his foster daughters.
Prosecutors say evidence will show he coerced them into letting him perform genital exams, claiming he could help them donate their eggs to earn money.
In his opening statement, defense lawyer Tim Rensch pointed out that the two victims were 17 and 19 at the time of the incident.
In South Dakota, that's old enough to consent to ****** penetration, so Klaudt's defense rests on the claim he never coerced the girls, so he's not guilty of forcible ****.
The prosecution showed the jury a taped interview they believe begins to prove coercion.
In calling their first witness in former South Dakota lawmaker Ted Klaudt's trial, prosecutors entered a key piece of evidence: a recorded interview between Klaudt a state investigator.
In the interview, Klaudt changes his story several times and eventually admits to performing exams on the genitals of one of his foster children. The victim "AM" told investigators she first believed Klaudt could help her donate eggs because she was receiving e-mails from a "fertility clinic agent" named Terri Linee.
The 17-year-old later suspected Klaudt was posing as Linee. During the interview, investigators showed Klaudt copies of 75 different e-mails between "AM" and Terri Linee, who asked the girls to let Klaudt perform the exams.
Klaudt at first claimed not to have contact with Linee.
Investigators asked "Can we get on the phone right now and call terri? Is that possible?"
Klaudt responded, "I don't have her number."
After explaining they'll be able to trace the email to the computer that sent it, the investigator asked "Did you ever access that e-mail account on your computer?"
Klaudt said "Yeah I think I have. I think Terri gave it to me"
The investigator said "I'm going to ask again if you sent those emails" To which he said " Yes." The investigator then asked "There is no Terri Linee, is there?" and Klaudt answered "No."
In the courtroom, Klaudt wiped tears from his eyes as the remainder of the interview played for the jury, his voice on the recording, insisting he wanted to help his former foster child.
In the tape Klaudt only admitted to performing tests on one of the two victims and he doesn't admit doing it in Pierre, which is where the charges in this trial are based.
But again, Klaudt's lawyer doesn't appear to be denying the claims, but says the actions don't fit the definition of forcible **** because the girls consented to it.