A 37-year-old Detroit man accused of raping a 10-year-old girl and touching several other girls told a Hamilton County jury Tuesday to consider the difference between “criminal contact and innocent contact.”

        Erik J. Earhart, a one-time tour bus driver, is defending himself on charges that he raped the 10-year-old and fondled several others while in a swimming pool and a hot tub at the Preston Hotel in Sharonville last year.

        The girls were staying at the hotel, officials said. Mr. Earhart also was staying there as the driver for a tour group unconnected to the children.

        Mr. Earhart, who has been locked up since his arrest May 11, 2001, denies the accusations.

        Prosecutors say they intend to introduce a videotape of Mr. Earhart while he was being questioned by investigators.

        After learning that authorities planned to take samples of residue under his fingernails, Mr. Earhart was seen biting his fingernails, destroying any potential evidence, Assistant Hamilton County Prosecutor James Butler said.

        During opening statements Tuesday, Mr. Earhart did not address the rape charge but talked mainly about the four counts of gross sexual imposition he faces.

        He told jurors that simply touching someone does not constitute guilt, rather there has to be some kind of sexual intent behind the touch to prove gross sexual imposition.

        A prosecution witness, Dr. Elena Duma, who examined one of the girls, testified Tuesday there was definite evidence the girl had been sexually abused.

        Dr. Duma, a physician at Cincinnati Children's Hospital Medical Center, added there was no way the girl could have caused the injuries to herself.

        If convicted, Mr. Earhart could be sentenced to at least 10 years in prison.

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