State v. Daren Y.

Citations

• 350 Conn. 393

Syllabus

The defendant appealed from the judgments of conviction of multiple counts of sexual assault in the first degree, sexual assault in the fourth degree, and risk of injury to a child stemming from his alleged sexual abuse of his children B, J, and D. The defendant claimed, inter alia, that the evidence was insufficient to sustain his conviction with respect to certain charges and that the trial court had erred in failing to obtain his knowing and voluntary waiver of his rights under the applicable statute of limitations In accordance with our policy of protecting the privacy interests of the victims of sexual abuse and the crime of risk of injury to a child, we decline to identify the victims or others through whom the victims' identities may be ascertained. See General Statutes § 54-86e. 394 NOVEMBER, 2024 350 Conn. 393 State v. Daren Y. ((Rev. to 2001) § 54-193a) in connection with his conviction of first degree sexual assault and risk of injury for his conduct involving B. Held: The evidence was insufficient to support the defendant's conviction of sexual assault in the first degree and his vacated conviction of sexual assault in the fourth degree for his conduct involving J because the state did not prove one of the requisite elements of those crimes, namely, that the defendant had touched J's genitals, directly or through her clothing, with his mouth, lips, or tongue, and, accordingly, this court reversed the defendant's conviction of sexual assault in the first degree and upheld the trial court's vacating of his conviction of sexual assault in the fourth degree in connection with the alleged sexual abuse of J. A criminal defendant's waiver of his rights under a statute of limitations must be knowing and voluntary, and such a waiver will not be presumed when there is no evidence in the record to indicate that the defendant intentionally waived those rights. The trial court's failure to obtain the defendant's knowing and voluntary waiver of his rights under § 54-1