State v. Davis
Supreme Court of Appeals of West Virginia
388 S.E.2d 508 (1989)
A family friend, who called Dewey Davis (defendant) "Uncle Dewey," visited his home, where Dewey's son Gerald began forcing her into his bedroom. She begged Dewey for help, but he refused, followed Gerald into the bedroom, and lay beside her while Gerald raped her, patting her hand and telling her not to worry when she pleaded again. A jury convicted Gerald as the direct perpetrator and convicted Dewey of second-degree sexual assault as an accomplice; Dewey appealed, arguing that as a mere bystander he could not be convicted as a principal for a crime his son committed.
Whether a bystander present during a crime can be held criminally liable as a principal when he contributed to the crime by facilitating or encouraging the direct perpetrator's actions.