State of Connecticut v. Marlon White (2010)

THE COURT'S VERDICT

THE COURT'S VERDICT

THE COURT:  Again, this is the matter of State of Connecticut versus White.

The Court, after hearing the full trial of the matter, having heard and considered the arguments of counsel, after deliberation has decided upon a verdict.

The defendant is charged in Count 1 of the Substitute Information with sexual assault in the first degree.

The statute defining the offense reads in pertinent part as follows:  “A person is guilty of sexual assault in the first degree when such person compels another person to engage in sexual intercourse by the use of force against such other person.”

The first element is that the defendant compelled the complainant to engage in sexual intercourse.   Sexual intercourse means vaginal intercourse.   Penetration, however slight, is sufficient to complete vaginal intercourse.

Compelled has its ordinary meaning.   It means that the complainant did not consent, and that the defendant required the complainant to engage in sexual intercourse against her will.

Whether there was consent is a question of fact to be determined by the fact finder.

The second element is that the sexual intercourse was accomplished by the use of force against the complainant.

Use of force means the use of actual physical force, or violence, or superior physical strength against another person.

Use of force means that the defendant must have used actual physical force or superior physical strength to compel the other person to submit to sexual intercourse.

The Court finds by the more credible evidence that the State has established the elements of the crime of sexual assault in the first degree.

Both the element one, of sexual intercourse, and two, the use of force, the Court finds that there was no consent.

The defendant is charged in Count 2 of the Substitute Information with sexual assault in the fourth degree in violation of Connecticut General Statute Section 53a-73a(a)(2) which states in pertinent part as follows:  “A person is guilty of sexual assault in the fourth degree when such person subjects another person to sexual contact without such other person's consent.”

Elements. The first element is that the defendant subjected the complainant to sexual contact.

Sexual contact means any contact by the defendant with the intimate parts of the complainant or contact of the intimate parts of the defendant with the complainant for the purpose of the defendant's sexual gratification.   Intimate parts means the genital area.   To constitute sexual contact there must be an actual touching.

The second element is that the defendant had the specific intent to obtain sexual gratification.

Element three.   At the time of the offense the complainant did not consent to the sexual contact.

Again, as indicated, the Court finds that there was no consent, and the State has proven that-again, has proven the elements of each of these crimes beyond a reasonable doubt.

This is a case that was strictly or very much so a question of credibility, and the credibility of the witnesses presented.   So again, based on the more credible evidence, the Court finds that the charges have been proven beyond a reasonable doubt.

In summary, YD did not consent.   The defendant compelled YD to engage in sexual intercourse against her will.   That's the ruling of the Court.

Counsel.

ATTY. GULICK:  Your Honor, at this time the State would like to make a motion for a bond increase based on the rulings of the Court.

THE COURT:  Okay. I'll hear the argument.

ATTY. GULICK:  Judge, obviously the presumption of innocence is not with the defendant any longer since the Court's ruling.   At this point he is facing a serious felony charge, and I would ask that at this point that his bond be increased from 75,000 that was posted to $300,000.

THE COURT:  Attorney Dolan.

ATTY. DOLAN:  Your Honor, my client, actually the Court is aware of his background.   He has served in the Army for 19 years.   He has a wife who's present here today.   They reside in North Haven.   He has three children, all residing in the household.   He's not a risk of flight, Your Honor.   There's been no inappropriate-there's been no contact with the complainant in this case.   He's followed all the Court's orders, made all court appearances.   We ask that the bond remain as set and he be permitted to remain at liberty until sentencing.

THE COURT:  Bond is going to be increased from $75,000 to $125,000, cash or surety.   The first PSI date is 1-28, 2011.

ATTY. DOLAN:  No objection, Your Honor.

THE COURT:  Is that convenient?

ATTY. GULICK:  Yes, Your Honor.

THE COURT:  Court orders a presentence investigation, and bond is increased by $50,000 to $125,000. 1-28-11.

A copy of the transcript, which I will sign as the Court's ruling.

Anything else?

ATTY. GULICK:  No, Your Honor.

THE COURT:  We're adjourned.

William T. Cremins, Judge

Dated November 30, 2010

Cremins, William T., J.