State v. Gary S.

Citations

• 345 Conn. 387

Syllabus

Pursuant to statute (§ 53a-71 (a) (4)), ''[a] person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and . . . such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsi- ble for the general supervision of such person's welfare . . . .'' Convicted of numerous crimes, including sexual assault in the second degree and risk of injury to a child, in connection with the sexual abuse of S and A, the defendant appealed to this court. S is the biological daughter of the defendant and his former spouse, D, and A is D's granddaughter, whom D was raising. The defendant allegedly began to abuse S when she was twelve years old, after the defendant married D for the first time. At that point, the defendant was living with D, S, and A, and caring for S and A while D was at work. Over the course of approximately four years, the defendant forced S to have vaginal and oral intercourse with him numerous times. On some of those occasions, the defendant told S that her ''pussy was his'' and that she ''better not give it up to anybody.'' On one occasion, S successfully resisted the defendant's advances, leading him to say, ''fuck you, bitch.'' Following these inci- dents, the defendant often would threaten to kill S and D, if S told anyone what had happened. One or two years after the defendant last had vaginal intercourse with S, he attempted to force A, who was six or seven years old, to perform oral sex on him. A was able to resist those efforts, but the defendant proceeded to digitally penetrate A's vagina. At some point during this period, D separated from, and eventu- ally divorced, the defendant due to his domestic abuse toward her. The defendant and D later remarried but separated again due to the defendant's continued abuse. Several years later, S disclosed to T, D's In accordance with our policy of protecting the privacy interests of the victims of sexual abu