CASE LAW UPDATE: Whether victim’s prior statements were direct substantive evidence of genital contact?
Defendant was convicted of 1st and 2nd degree criminal sexual conduct. On appeal, defendant contended that the evidence was insufficient to support his convictions. The Minnesota Court of Appeals held that the victim’s prior inconsistent statements were direct substantive evidence and sufficient to support the jury’s finding of genital to genital contact, despite her trial testimony that defendant’s penis went only between her legs, not into or near her vagina.
State v. Choulamontry, A19-1714, Scott County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.