Sexual Assault Crimes Training for Law Enforcement Module 5: Sexual Assault Penal Code

ACTIVITY What Do You Already Know? 1

What You Will Learn Connecticut statutes pertaining to sexual assault What crime elements are required to arrest for sexual assault in Connecticut Practice in applying those elements to case scenarios 2

Connecticut General Statutes CONN. GEN. STAT. § 53a-70 Sexual assault, first degree Class A felony if victim is under sixteen and perpetrator uses force or threatens force, or if victim is under 13 and perpetrator is more than two years older than victim Otherwise, class B felony CONN. GEN. STAT. § 53a-70a Aggravated sexual assault, first degree Class A felony if victim is under 16 Otherwise, class B felony 3

Connecticut General Statutes CONN. GEN. STAT. § 53a-70b Sexual assault in the spousal or cohabiting relationship Class B felony CONN. GEN. STAT. § 53a-70c Aggravated sexual assault of a minor Class A felony CONN. GEN. STAT. § 53a-71 Sexual assault, second degree Class B felony if victim is under 16 Otherwise, class C felony 4

Important Legal Terms Actor – person accused of sexual assault Sexual intercourse Sexual contact Impaired because of mental disability or disease (was “mentally defective”) Mentally incapacitated Physically helpless 5

Vaginal intercourse Anal intercourse Fellatio – oral stimulation to penis Cunnilingus – oral stimulation of vulva/clitoris Between persons regardless of sex Penetration - however slight Penetration - can be digital or with object Does NOT require emission of semen 6 Legal Definition: Sexual Intercourse

Legal Definition: Sexual Contact Any contact with intimate parts of actor or victim For sexual gratification, degrading or humiliating the victim 7

Intimate Parts Genital/groin area - or any substance from there Anus - or any substance from there Inner thighs Buttocks Breasts 8

Lack of Consent: Incapacity Impaired because of mental disability or disease Mentally incapacitated (condition brought on without victim’s consent) Physically helpless 9

Use of Force: Sexual Assault in the First Degree Use of a dangerous instrument OR Use of actual physical force or violence or superior physical strength against the victim 10

Minors Minor under 13 and the actor is at least 15 years old Minor 13 years or older, but under 15 AND the actor is more than three years older Legal age of consent is 16 11

Other Prohibited Sexual Contact Psychotherapist Clergy Doctor Nurse Coach Psychologist School employee Substance abuse counselor Social worker Client/ Patient/ Student 12

The Scenario The sexual assault occurred shortly before 7 a.m. on Oct. 17, The woman was running along Fern Street in West Hartford, a busy and well-traveled area, when she was attacked and dragged into some bushes in the front yard of a home. After the man raped her, she sought help from nearby residents, who called police at 6:56 a.m. Police flooded the neighborhood and used a dog to track the attacker, but he got away. Monroig-Rosario was linked to the crime through DNA. West Hartford police took him into custody Nov. 17, 2010, a month after the crime. sexual-assault _1_15-year-sentence-maximum-sentence-plea- agreement 13

What penal code(s) would apply? The man who attacked and raped a runner on Fern Street in West Hartford in October 2010 is scheduled to be sentenced next week to 18 years in prison for the crime. Eddie Monroig-Rosario, 33, was set to go to trial on the sexual assault charge, but during a routine court appearance last week he opted to plead guilty to first- degree sexual assault and first-degree unlawful restraint. He's already serving a 15-year sentence for several burglaries. assault _1_eddie-monroig-rosario-plea-agreement-first-degree- sexual-assault 14

The Scenario 15 The most serious allegation against Njoku, 53, was that he raped a female patient at his East Hartford office in October The woman also accused Njoku of touching her inappropriately on another occasion. Four other patients allege that Njoku touched them inappropriately during medical exams. Charges remain pending. The allegations led the state Medical Examining Board to revoke Njoku's license to practice medicine last year. acquitted-of-rape-convicted-of-assault

What penal code(s) would apply? A jury found a former East Hartford doctor not guilty Thursday of raping a patient but convicted him of a lesser charge of sexual assault. Edwin Njoku also was convicted of witness tampering related to an attempt to pay off the family of the patient the jury said was sexually assaulted. The Hartford Superior Court judge set Njoku's bond at $3.5 million and he was taken into custody. He faces up to 11 years in prison when sentenced on Sept. 26. Had he been convicted of the first-degree sexual assault charge, he could have faced 20 more years behind bars. of-rape-convicted-of-assault 16

ACTIVITY Review of Learning 17

Checklists to Review on Your Own What to SAY to a Victim During First Response What to SAY to a Victim During the Follow Up Interview What to GIVE a Victim Forensic Exams 18 This module was produced by Connecticut Sexual Assault Crisis Services, Inc. (CONNSACS) in collaboration with the Connecticut Police Officers Standards and Training Council (POSTC) and the Connecticut Police Chiefs Association (CPCA) through the support of subgrant No WF-AX awarded by the state administrating office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women.