350 Conn. 393
Conn.2024Background
- Defendant Daren Y. was convicted of multiple counts of sexual assault and risk of injury to his children, B, J, and D, based on their allegations of childhood sexual abuse.
- Three separate cases were consolidated for trial by jury in the Connecticut Superior Court, resulting in convictions on several counts against Daren Y.
- Key incidents involved alleged digital penetration of B, alleged cunnilingus and other contact with J, and inappropriate conduct with D, all occurring when the victims were minors.
- Some charges, specifically those involving alleged abuse of B, were brought years after the statutory period had expired, but neither the trial court nor parties addressed this until appeal.
- The defendant appealed on grounds including sufficiency of the evidence, statute of limitations, prejudicial misconduct evidence, and denial of access to psychiatric records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence (re: J) | Evidence established all elements of sexual assault | No evidence established genital contact necessary for conviction | Evidence insufficient; convictions for J’s sexual assault reversed |
| Statute of Limitations (re: B) | Statute is an affirmative defense, waived if not raised at trial | Waiver must be knowing and voluntary; no waiver here | Convictions reversed; plain error to proceed without knowing waiver |
| Admission of Sexual Misconduct Evidence | Evidence was cross-admissible and probative for propensity | Evidence was more prejudicial than probative; jury not properly limited | Trial court did not err; evidence properly admitted and jury instructed |
| Access to Psychiatric Records | No adequate basis for in camera review or release | Testimony raised credibility concerns warranting records’ review | No abuse of discretion; denial of review/release upheld |
Key Cases Cited
- State v. Kish, 186 Conn. 757 (Conn. 1982) (clarifies definition of cunnilingus as requiring physical contact)
- State v. Littlejohn, 199 Conn. 631 (Conn. 1986) (statute of limitations waivers in criminal cases must be knowing and voluntary)
- State v. Golodner, 305 Conn. 330 (Conn. 2012) (statute of limitations defense not forfeited unless knowingly and voluntarily waived)
- State v. DeJesus, 288 Conn. 418 (Conn. 2008) (rules governing admissibility of propensity evidence in sexual misconduct cases)
- State v. Esposito, 192 Conn. 166 (Conn. 1984) (standard for in camera review and release of psychiatric records)