Tuesday, March 6, 2012

KY SC Feb 23 - James

Joseph Thomas James v. Commonwealth 2010-SC-275  To be published

James was not entitled to a directed verdict for rape. He beat his on again off again girlfriend for hours, and had intercourse with her. She testified that she had sex in an attempt to “calm him down.” James argued that there was no forcible compulsion because the victim consented to sex in order to placate James.  The Court disagreed, holding that James’ act of beating her for hours allowed the jury to conclude she was compelled to engage in intercourse by force or threat of force.

                Further, there was no error in admitting the unredacted report of the SANE nurse characterizing the complaining witness as a rape victim. Though the report was inadmissible “triple hearsay,” there was not a specific objection and the error was deemed harmless.  Likewise, the Court found that medical report of the SANE nurse were not formal or made for the purpose of prosecution, thus there was no Confrontation Clause violation.

Contributed by Erin Yang