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State v. Smith

Connecticut Supreme Court

554 A.2d 713 (1989)

Relevant factsFree

Smith (defendant) invited T and a friend to his apartment; the friend never showed, leaving Smith and T alone. Smith made repeated unwanted sexual advances, and T — feeling trapped by his physical presence and fearing harm — eventually gave in without truly consenting. Smith was convicted of first-degree sexual assault and appealed, arguing the evidence of T's non-consent was insufficient.

IssueFree

Whether an individual must intend to perform sexual acts with another individual he knows is unwilling and non-consenting in order to be found guilty of sexual assault.

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