State v. Michael T.

Citations

• 338 Conn. 705

Syllabus

Pursuant to statute (§ 54-84 (b)), ''[u]nless the accused requests otherwise, the court shall instruct the jur[ors] that they may draw no unfavorable inferences from the accused's failure to testify.'' Convicted of multiple counts of first degree sexual assault and risk of injury to a child in connection with the sexual abuse of the victim, the daughter of his girlfriend, the defendant appealed to this court. The victim, who 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 victim or others through whom the victim's identity may be ascertained. See General Statutes § 54-86e. 706 OCTOBER, 2021 338 Conn. 705 State v. Michael T. was eleven years old at the time of trial, was reluctant to testify about the sexual assaults. On direct examination, the victim indicated that the defendant had hurt her ''private'' with ''[h]is private.'' Shortly thereafter, the prosecutor reworded the victim's testimony and referred to the victim's testimony that the defendant had ''put his private in [the victim's] private.'' In response to a question about whether anything had come out of either her private or the defendant's private, the victim responded that blood had come out of ''[h]is'' private, but the prosecutor subse- quently referred to the blood that came out of the victim's, not the defendant's, private parts. The defendant did not testify at trial, and defense counsel requested that the trial court instruct the jury that the defendant ''elected not to testify'' rather than use the specific language in § 54-84 (b) regarding his ''failure to testify,'' which counsel claimed has a negative connotation and suggested that the defendant had an obligation that he did not fulfill. The trial court denied counsel's request, indicating that its failure to use the statutory language might constitute plain error. The trial court subsequently instructed the jury that it could