STATE V. CASSIDY
3 Conn.App. 374, 489 A.2d 386, cert. denied 196 Conn. 803, 492 A.2d 1239 (1985)
NATURE OF THE CASE: Cassidy (D) appealed a judgment, which found D guilty of unlawful
restraint in the first degree, two counts of sexual assault in the first degree, and assault
in the third degree.
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 afterwards 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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