State v. Burney
State v. Burney
Opinion of the Court
The defendant was charged with sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (3),
The two continued their trip to New York City that morning, but finding the stores closed there, they returned to the defendant’s home in Hartford, arriving at approximately 3:30 p.m. The complainant received a message there that her mother had telephoned for her to return home. She walked home, awakened her mother, and informed her of the incident in New Haven. The complainant’s mother took her daughter to the Hartford police department at approximately 9:10 p.m. to file a complaint against the defendant, and then to Hartford Hospital for an examination. On June 1, 1978, the complainant’s mother and the complainant reported the incident to the New Haven police department upon advice of the Hartford police.
The complainant had been staying at the home of the defendant and his family for approximately one and one-half months before the incident. The mother testified at trial that the defendant was the
The defendant’s claim is that the state failed to meet its burden of proof in this case because it failed to prove that, at the time of the incident, the defendant was “responsible for the general supervision” of the complainant’s welfare, an essential element of the crime of sexual assault in the second degree under General Statutes § 53a-71 (a) (3). We agree, and hold that the trial court erred in denying the defendant’s motion for judgment of acquittal.
“Our decision on this issue is premised on a fundamental principle of our law. The burden in a criminal ease is placed squarely upon the prosecution to prove each essential element of the alleged crime beyond a reasonable doubt. There is no burden on the defendant to prove his innocence. State v. Beauton, 170 Conn. 234, 240, 365 A.2d 1105 (1976); State v. Brown, 163 Conn. 52, 64, 301 A.2d 547 (1972); State v. Benson, 153 Conn. 209, 215, 214 A.2d 903 (1965). See Mullaney v. Wilbur, 421 U.S. 684, [701-704], 95 S. Ct. 1881, 44 L. Ed. 2d 508 (1975); In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970); Davis v. United States, 160 U.S. 469, 487, 16 S. Ct. 353, 40 L. Ed. 499 (1895).” State v. Anonymous, 179 Conn. 516,
The resolution of the issue before us turns upon our interpretation of General Statutes § 53a-71 (a) (3). General Statutes § 53a-71 provides, in relevant part: “(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and such other person is (1) under fifteen years of age, or (2) mentally defective, mentally incapacitated or physically helpless, or (3) less than eighteen years old and the actor is such person’s guardian or otherwise responsible for the general supervision of such person’s welfare, or (4) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person.” The defendant was charged specifically with violation of subsection (a) (3) which speaks in terms of a person who is responsible for the general supervision of the welfare of a person between the ages of fifteen and seventeen. The statute does not prescribe how such responsibility attaches or what the words “responsible for” and “general supervision” encompass. Nor is an explanation to be found in the legislative history of the statute.
“When confronted with ambiguity in the intent and purpose of a legislative enactment, it becomes necessary to apply the rules of statutory construction to ascertain the actual intention expressed by
Another rule of statutory construction is that a statute should be construed as a whole where particular words or sections of the statute, considered separately, are lacking in precision of meaning. Mitchell v. King, 169 Conn. 140, 144, 363 A.2d 68 (1975). “(The construction of a statute depends upon its expressed intent when it is taken as a whole.” Dombrowski v. Fafnir Bearing Co., 148 Conn. 87, 90, 167 A.2d 458 (1961). The subsections immediately preceding and following § 53a-71 (a) (3) show that the legislature was seek
Another relevant principle of statutory construction is that “ ‘[n]o word in a statute should be treated as superfluous, void or insignificant unless there are impelling reasons . . . why this principle cannot be followed.’ General Motors Corporation v. Mulquin, 134 Conn. 118, 126, 55 A.2d 732 (1947).” Levin-Townsend Computer Corporation v. Hartford, supra, 409; State v. Grant, 176 Conn. 17, 20,
Applying our interpretation of the statute to the facts of this case, we conclude that the defendant was not responsible for the general supervision of the complainant’s welfare within the meaning of General Statutes § 53a-71 (a) (3) at the time of the incident for which he was charged and convicted. There is no evidence that responsibility for the complainant’s welfare had been vested in the defendant by court order or award, nor is there any evidence that the complainant’s mother had intended to relinquish responsibility for the supervision of her welfare to the defendant. Instead, the complainant’s mother testified that she had placed a call to the defendant’s home leaving instructions for her daughter to come home. The complainant testified that she was living with the defendant and his family because she had been in trouble at school.
“When a verdict is challenged because of insufficient evidence, the issue is whether the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect' of the evidence established guilt beyond a reasonable doubt. State v. Ruiz, 171 Conn. 264, 276-77, 368 A.2d 222 (1976);
Reviewing the evidence as favorably as possible with a view toward sustaining the jury’s verdict, as we are required to do; State v. Brown, 169 Conn. 692, 695, 364 A.2d 186 (1975); see State v. Maturo, 188 Conn. 591, 601, 452 A.2d 642 (1982); we must conclude that the facts established at trial and the inferences which could have been reasonably drawn therefrom are not sufficient to support the jury’s conclusion that the defendant fell within the class of persons to whom the statute applied. We hold, therefore, that the state failed to prove an essential element of the crime charged and that, consequently, the evidence was insufficient as a matter of law to support the jury’s determination of guilt beyond a reasonable doubt.
There is error, the judgment is set aside and the case is remanded to the trial court with direction to grant the defendant’s motion for acquittal after verdict.
In this opinion Petebs, Pabskey and GIeillo, Js., concurred.
General Statutes § 53a-71 (a) (3) provides: “(a) A person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and such other person is . . . (3) less than eighteen years old and the actor is such person’s guardian or otherwise responsible for the general supervision of such person’s welfare. . . .”
General Statutes (Rev. to 1977) § 53a-191 (a) provided: “(a) A person is guilty of incest when he marries or engages in sexual intercourse with a person whom he knows to be related to him within any of the degrees of kindred specified in section 46-1.”
The defendant also contends that the trial court erred in denying the defendant’s motion for a mistrial which was predicated
Dissenting Opinion
(dissenting). I disagree. General Statutes § 53a-71 (a) (3) is derived from § 213.3 (b) of the Model Penal Code of the American Law Institute which makes it a crime to engage in sexual intercourse “if . . . (b) the other person is less than 21 years old and the actor is his guardian or otherwise is responsible for general supervision of his welfare.” American Law Institute Model Penal Code § 213.3 (b); see Connecticut General Statutes Annotated § 53a-70 (a) (1) (West 1972) (1971 Commentary by the Commission to Revise the Criminal Statutes).
It is apparent that the majority have given a much narrower reading to § 53a-71 (a) (3) than its origin would warrant by insisting upon evidence “that the complainant’s mother had intended to relinquish responsibility for the supervision of her welfare to the defendant.” Such a requirement would wholly frustrate the application of the statute to stepfathers, its principal raison d’etre, as well as to other persons acting in capacities where they have been entrusted with a responsibility for the supervision of children which is neither exclusive nor permanent. The draftsmen of the statute have indicated that it “is aimed at situations in which there is consent but the actor is in a supervisory or custodial position vis-a-vis the victim.” Connecticut General Statutes Annotated § 53a-70 (West 1972) (1971 Commentary by the Commission to Revise the Criminal Statutes).
I also find no error in the comment of the trial court which the defendant relies upon in claiming error in the refusal to grant his motion for a mistrial. The majority have found it unnecessary to address this claim because its disposition would not affect the outcome they have reached. When the defendant failed to produce two witnesses whom he had said on the previous day he would present, the court, in explaining why it was unprepared to
I find no error.
Section 53a-70 (a) (1) was the predecessor to § 53a-71 (a) (3) and the language of the provision was retained by the 1975 amendment of the entire section. See Public Acts 1975, No. 75-619, § 4.
American Law Institute Model Penal Code and Commentaries, Part II, § 213.3, comment 3 is as follows:
“3. Intercourse with a Ward. Paragraph (b) of Subsection (1) reaches one kind of illegitimate use of authority to gain sexual gratification. Specifically, it covers intercourse with a person less than 21 years old by his guardian or someone else responsible for general supervision of his welfare. Of course, intercourse with a natural or adopted child constitutes incest under Section 230.2 of the Model Code. Belations with a stepchild are excluded from the incest provision because it was thought inappropriate to enforce a permanent bar on marriage between steprelations. Where, for example, surviving parents remarry late in life, marriage between stepbrother and stepsister may do no real violence to the institution of the family. Similarly, the young man who marries a young stepmother after the death of his aged father may be guilty of nothing more than bad taste. Yet intercourse between father and stepdaughter is a frequent instance of sexual imposition within the
Reference
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- State of Connecticut v. Willie Burney
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