State v. Infante

Defendant, Frank Infante, appeals his conviction after trial by jury of two counts of sexual assault under 13 V.S.A. § 3252(1)(A). We reverse and remand.

Complainant, who is blind, alleged that when he was sixteen years old he was sexually assaulted by defendant. Complainant did not report the assault to the police until September 1986 and initially indicated that the assault occurred on July 9,1985, which was the date then included in the informations. At a subsequent deposition complainant testified that the offense occurred on July 2, 1985. Complainant finally fixed the date as July 2,…