State v. Gorton

Defendant was convicted of sexual assault in violation of 13 V.S.A. § 3252(1)(A). We affirm.

Viewed in the light most favorable to the prevailing party, State v. Jaramillo, 140 Vt. 206, 208, 436 A.2d 757, 759 (1981), the record reveals the following relevant facts. At two o’clock in the morning of July 2, 1985, a Burlington police officer responded to a sexual assault complaint. The complainant gave a statement naming defendant as her assailant and describing how the alleged assault had occurred. The officer took complainant to a hospital where a physician treated her and collected physical…