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· 9/12/2023

Mattos

Citations

  • 347 Conn. 817

Syllabus

Convicted of the crimes of sexual assault in the first degree and risk of injury to a child in connection with his sexual abuse of the victim, J, the defendant appealed to this court. The sexual abuse allegedly occurred over the course of several months, when the defendant, who lived in the same multifamily house as J and J's family, invited J to play video games and to do homework in the defendant's bedroom. On those occasions, the defendant touched his penis and J's penis, and penetrated J's anus with his penis. J eventually disclosed the abuse to his mother, M, and his grandmother, T, resulting in the defendant's arrest. In the count of the information pertaining to first degree sexual assault, the state alleged that the defendant had engaged in sexual intercourse with J on ''diverse dates'' over the course of three months. At trial, J testified that the first time the defendant touched him, he forced J to use his hand to touch the defendant's penis for about ten seconds. J also testified about an incident during which the defendant had inserted his penis into his ''behind'' and moved it ''up and down . . . .'' J testified that he had disclosed to M and T the ''nasty stuff'' that the defendant had done to him, which he described as kissing, touching, and anal penetration. During cross-examination, however, J conceded that he had told a foren- sic interviewer that the defendant never touched him with his mouth. J also clarified that the incident involving anal penetration occurred on a Thursday and that the defendant had touched him in that manner five or six times. M and T subsequently testified, over defense counsel's objection, as constancy of accusation witnesses. During an offer of proof, M testified that J had disclosed to her that the defendant subjected J to a variety of sexual conduct, including fellatio and anal penetration, and that, after each occasion, the defendant would take the bedsheets off the bed to wash them. M also testified that J had thanked

Judges: Robinson; McDonald; D’Auria; Mullins; Ecker; Alexander

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