People v. Oliver

KELLY, Judge.

Defendant, Douglas Gene Oliver, appeals his jury conviction of second degree sexual assault, a violation of § 18-3-403(l)(e), C.R. S.1973 (1978 Repl.Vol. 8). We affirm.

Defendant contends that the trial court erred by refusing to give defendant’s tendered instruction on the failure of the complaining witness, who was the mother of the victim, to report the sexual assault of her daughter at the earliest opportunity. We do not agree.

The trial court refused to give the jury defendant’s instruction which stated:

“The failure of a complaining witness to report the assault at the…