State v. White
55 A.3d 818
Conn. App. Ct.2012Background
- Bench trial conviction on two sexual assault counts; defendant Marlon White; sentence total 5 years plus 10 years special parole.
- Incident occurred December 10, 2008 at an Army Reserve Center in Waterbury; complainant overpowered in locker room, forced into sexual intercourse, later contact in her office.
- Complainant reported the assault; hospital tests showed no physical injuries; she identified defendant in a police statement.
- Defense conceded intercourse occurred but claimed it was consensual; moved for acquittal citing insufficient evidence of force/consent.
- Court conducted a credibility-based evaluation of the evidence and held the state proved lack of consent and use of force beyond a reasonable doubt.
- Court addressed evidentiary rulings: excluding medical/personnel records and limiting inquiry into prior sexual activity under rape shield statute; ruled no abuse of discretion and affirmed conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on consent and force | White argues lack of credible evidence of nonconsent and force. | White contends state failed to prove force or lack of consent beyond reasonable doubt. | Evidence sufficient to prove both elements beyond a reasonable doubt. |
| Admissibility of complainant’s medical and personnel records | State records would illuminate motive to fabricate and corroborate defense. | Records should be admitted to impeach credibility. | Court did not abuse discretion; records excluded. |
| Effect of prior sexual activity and conversations on credibility under rape shield | Defense sought to use prior conduct to challenge credibility. | Such evidence should be admissible to attack credibility under exceptions. | Court properly excluded under § 54-86f and related rules; not essential to credibility; cross-examination limited. |
Key Cases Cited
- State v. Brown, 299 Conn. 640 (2011) (two-part sufficiency review; cumulative force standard)
- State v. Montoya, 110 Conn. App. 97 (2008) (credibility determinations are within the trier of fact's purview)
- State v. Morelli, 293 Conn. 147 (2009) (probative force vs. circumstantial evidence; standard of review for sufficiency)
- State v. Jason B., 111 Conn. App. 369 (2008) (use of force/size to threaten submission; first-degree criteria)
- State v. Liborio A., 93 Conn. App. 279 (2006) (in camera review and confidentiality of records; evidentiary discretion)
- State v. Cecil J., 99 Conn. App. 274 (2007) (evidentiary discretion; hearing for admissibility of evidence)