Sunday, December 22, 2013

State v. Cassidy case brief

State v. Cassidy case brief summary
489 A.2d 386 (Conn. App. 1985)

Defendant appealed a judgment from the Superior Court in the Judicial District of Fairfield (Connecticut), which found defendant guilty of unlawful restraint in the first degree, two counts of sexual assault in the first degree, and assault in the third degree.

Defendant claimed that the victim had consented to a sexual encounter. The trial court denied, in part, defendant's motion to offer evidence of prior sexual conduct of the victim. Although the information included four counts of sexual assault, the trial court submitted only three to the jury.


  • The court found no error in the exclusion of evidence regarding the victim's behavior with another man, holding that Conn. Gen. Stat. § 54-86f, the rape shield statute, did not permit the admission of evidence of a past sexual encounter that did not establish a pattern of behavior. 
  • Because defendant's counsel did not object to the jury charge, that issue was not preserved for review. 
  • Further, defendant's claim of multiplicity lacked merit because each separate act of forcible sexual intercourse constituted a separate crime.
The court affirmed the judgment of conviction.

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