132 Conn. App. 594
Conn. App. Ct.2011Background
- Marriage occurred April 13, 2007; victim a live-in housekeeper in NYC, visits CT weekends; moved in July 2007.
- Defendant became possessive and accused victim of infidelity; pattern of escalating threats and violence from July to September 2007.
- July 13, 2007: defendant forced victim to hold a knife to his chest; train station incident.
- July 19, 2007: after delayed return, defendant assaulted victim, cut her arm, and cut his own hand.
- July 28, 2007: knife against victim’s neck to restrict interaction with invited family; tensions continued.
- Sept. 14, 2007: defendant compelled sexual intercourse; victim reported to police later that day; trial conviction followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof under § 53a-70b(b) | Prosecution evidence shows general intent; threats and force reasonably caused fear | Marriage distinguishes § 53a-70b(b); requires greater force or specific intent | Evidence sufficient to sustain conviction under plain-text reading of statute |
| Admission of uncharged misconduct evidence | Evidence relevant to motive, use of force, and corroboration | Evidence is prejudicial and should be excluded as improper propensity proof | Admission not plainly erroneous; proper under 4-5(b) and trial instructions; Golding/plain error not satisfied |
Key Cases Cited
- State v. Courchesne, 296 Conn. 622 (2010) (statutory interpretation; coherence of related statutes)
- State v. Petitpas, 299 Conn. 99 (2010) (interpretation of sexual assault statutes; general intent)
- State v. Kulmac, 230 Conn. 43 (1994) (implied threat of force; first-degree analysis)
- State v. Smith, 210 Conn. 132 (1989) (sexual assault in first degree requires only general intent)
- State v. Rosario, 113 Conn.App. 79 (2009) (standard for sufficiency and appellate review of evidence)
- State v. Hall, 120 Conn.App. 191 (2010) (credibility and evidentiary review on appeal)