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Tag Archives: Rape

Criminal Practice – Rape & Incest – New Trial – Penetration Evidence – Sexual Offense – SBM & Registry – No ‘Aggravated Offense’ (access required)

State v. Boyett Where (1) the victim’s testimony supports the proposition that defendant did penetrate her vagina, (2) her testimony also puts the fact of penetration in doubt, and (3) defendant denies penetration because he could not maintain an erection, the trial court plainly erred by failing to instruct the jury on attempted second-degree rape and attempted incest.

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Attorneys – Contempt – Criminal Practice – Rape Shield Law (access required)

State v. Okwara In the underlying rape case, defense counsel (defendant herein) obviously knew the Rape Shield Statute required her to seek an in camera hearing before she could cross-examine the complaining witness about her sex life, since defense counsel had sought and obtained such a ruling about the witness’ past sexual relationship with the accused.

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Criminal Practice – Rape – Evidence – Prior Interactions – Closing Argument – ‘Hunter’ (access required)

State v. Foust During his closing arguments, defendant questioned the victim’s failure to call the police and indicated that she would not have been afraid of defendant. Thus, the victim’s state of mind was relevant. A previous altercation between defendant and a male visitor to the victim’s home and an incident in which defendant called the victim a “whore” and a “slut” demonstrate defendant’s aggression and support the victim’s account of her state of mind -- that she did not report the rape because she was afraid of defendant.

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