State v. Roy D. L.

Citations

• 339 Conn. 820

Syllabus

Convicted, after a trial to the court, of sexual assault in the first degree, sexual assault in the fourth degree, and risk of injury to a child in connection with the sexual abuse of his daughter, R, when she was 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. 339 Conn. 820 NOVEMBER, 2021 821 State v. Roy D. L. ten years old, the defendant appealed to this court. During a forensic interview conducted in response to R's statement to a camp counselor that the defendant had been touching her inappropriately, R stated that the defendant had on multiple occasions touched her vagina and vaginal area. R also reported that the defendant's conduct caused her to experi- ence pain and made her feel uncomfortable. At trial, the court admitted, over defense counsel's objection, a video recording of the forensic inter- view, and the defendant, through his own testimony, denied inappropri- ately touching R. In addition, the defendant presented the testimony of his sister and former girlfriend, S, both of whom testified that R experi- enced dry skin around her vaginal area. S testified that the defendant supervised R as she cleaned herself but did not touch her directly. The court found R's account to be credible and rejected the contrary testimony offered by the defendant. Held: 1. The trial court did not abuse its discretion in admitting the video recording of R's forensic interview into evidence under the medical treatment exception to the hearsay rule: the interview took place in a hospital, during which a forensic interviewer asked R about her physical and mental well-being, and the interviewer testified at the defendant's trial that, as a result of the substance of R's statements during the interview, she encouraged a medical examination of and therapy for