State v. Cassidy

3 Conn.App. 374, 489 A.2d 386, cert. denied 196 Conn. 803, 492 A.2d 1239 (1985)

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Nature of the Case

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Facts

Cassidy (D) was acquainted with the victim in this case, and the two had had sexual relations in the past. On the night of the incident, D and the victim ran into each other in a bar and went to D's house. The victim got into bed with D, and at that point was willing to have sex with him. However, she testified that D became abusive, forced her to have sex with him, and afterward told her that she had two seconds to get dressed and get out of the house or he would kill her. D then pushed her out of the house and threatened to kill her if she called the police. D claimed that the victim had consented to the encounter, but suddenly her whole attitude changed, and she started getting hysterical, screaming about her husband who was killed in Vietnam, and swinging at D. He then told her to put on her clothes and get out of the house. Prior to trial, D attempted to offer evidence of the victim's prior sexual conduct. The court admitted such evidence with respect to her prior conduct with D but excluded evidence regarding an encounter with another man, during which the victim had engaged in similar conduct, i.e., 'going crazy' and screaming about her husband who had been killed in Vietnam. The evidence was handled in accordance with the state's rape shield statute. D argues that the evidence regarding the encounter with the other man was admissible to show a pattern of conduct and that by excluding it the trial court violated his constitutional right of confrontation and to present witnesses in his own behalf.