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STATE v. FOURTIN

No. 29899.

982 A.2d 261 (2009)

118 Conn.App. 43

STATE of Connecticut v. Richard FOURTIN.

Appellate Court of Connecticut.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Robert E. Byron, special public defender, for the appellant (defendant).

Susann E. Gill, senior assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and Cornelius P. Kelly and Timothy J. Sugrue, senior assistant state's attorneys, for the appellee (state).

BISHOP, LAVINE and PETERS, Js.

PETERS, J.

The dispositive issue in this criminal appeal is whether the state met its burden of proving that the defendant sexually assaulted a person who is "physically helpless." General Statutes § 53a-65(6) defines "physically helpless" as "a person [who] is unconscious or for any other reason is physically unable to communicate unwillingness to an act." The complainant in this case is a young woman who suffers from multiple significant disabilities, including...

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