In Re Estate of Peters

Defendant Carroll Peters appeals from a Lamoille Superior Court jury verdict for plaintiff in a civil action for a sexual battery he allegedly committed against Cheryl Peters. Defendant raises six arguments on appeal: (1) the action is barred by the statute of limitations; (2) in a tort action for battery between spouses, a finding that consent to sexual intercourse has been withdrawn is a prerequisite to liability; (3) the trial court erred by allowing out-of-court statements made by Mrs. Peters, the deceased victim, to be admitted; (4) the compensatory damages are excessive; (5) the trial…