STATE V. KINNEY 171 Vt. 239 (2000) CASE BRIEF

STATE V. KINNEY

171 Vt. 239 (2000)

NATURE OF THE CASE: Kinney (D) appealed kidnapping and sex offense convictions because for the failure to instruct jury on intoxication, insufficient scienter evidence, and erroneous expert evidence admission.

FACTS: D began drinking with friends around 6:00 p.m., and according to his testimony, consumed at least twelve beers during the course of the evening. He also used, together with some friends, three grams of cocaine and two 'bowls' of marijuana. D appeared intoxicated. D and three friends drove to the home of Lucas Sweetser, hoping to buy some more cocaine. D went into the home and emerged a short time later, carrying the victim over his shoulder. He put her in the back seat of the car, and they drove away. D claims he found Sweetser and the victim asleep in bed. The victim happened to wake up, and they began to talk. The victim said she might be able to help him find some drugs to buy. When his friends pressed him to leave, D picked up the victim, put her over his shoulder, and carried her to the car. According to D, the victim was giggling, and went in the car willingly. The victim testified that she did not go with D willingly. She refused but D then pulled her out of bed and threw her over his shoulder. She resisted, but D carried her out of the house and put her in the backseat of the car. According to the victim, she repeatedly said she did not want to go with them and asked to be let out of the car. They gave up on finding more cocaine. They went back to the house where they had been earlier, and all five people, including the victim, drank more beer and smoked marijuana. The victim got out of the car and walked into the house ahead of them, of her own volition. The victim testified that D pulled her into the house by her arm, and another of D's friends testified that D dragged her into the house 'like a puppy dog.' She drank the beer and smoked the marijuana because she did not want D and his friends to think she was scared. The victim went with D to his house, where he lived with his parents, because he offered to drive her home from there. He and the victim got into bed, where 'one thing led to another,' and they had consensual sex. The victim, on the other hand, testified that when they got to D's house, he took her to his room and raped her. Afterwards, she fell asleep. In the morning when she woke up, she asked to be taken home, and he arranged for a friend to give her a ride. D was convicted and appealed. In part, D objected to the admission of certain expert testimony over rape trauma syndrome. Rape trauma syndrome is associated with post-traumatic stress disorder - that is, it is a set of behaviors and symptoms experienced by victims of trauma. Victims of severe trauma commonly experience symptoms such as nightmares, anxiety, and fear as a result of the trauma. Victims of rape, in particular, may experience symptoms such as difficulty in interpersonal relationships, guilt, shame, and sexual dysfunction. Victims of rape are more likely to resist their attacker by making verbal protests than by struggling or screaming, and that victims are less likely to resist if force is used or threatened. It is not unusual for victims to delay in reporting a rape, especially if the attacker is an acquaintance, and that a rape victim may be more likely to report to a friend first, rather than to someone with whom she is having an intimate relationship. This delay in reporting is related to the feelings of guilt and shame experienced due to the trauma of the rape. Statistics regarding the rate of false reporting of rape. Finally, she testified that, although she had no statistics, she thought it would not be unusual for a victim of rape to fall asleep immediately after the assault, due to the physical exertion and psychological responses to the trauma such as denial and withdrawal.

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LEGAL ANALYSIS:

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