State of New Hampshire v. Armando Lisasuain

Summary

The Supreme Court of New Hampshire affirmed Armando Lisasuain’s convictions, including two counts of aggravated felonious sexual assault. The court held that the victim’s nonparticipation and failure to respond, considered in the totality of the circumstances, constituted sufficient evidence that she indicated a lack of freely given consent under RSA 632-A:2, I(m). The court also upheld the trial court’s handling of in camera record review and exclusion of evidence concerning the defendant’s alleged lack of admissions during a police interview.

Holdings

1. A victim's complete nonparticipation and failure to respond to sexual acts may constitute conduct indicating that consent was not freely given. Considering the totality of the circumstances, the evidence was sufficient for a rational trier of fact to find lack of consent beyond a reasonable doubt.
2. The trial court did not unsustainably exercise its discretion in determining that the withheld records should not be disclosed.
3. The trial court properly excluded evidence of the defendant's lack of admissions as inadmissible hearsay.

Questions Presented

1. Whether the evidence was sufficient for a rational jury to find beyond a reasonable doubt that the victim indicated by conduct that she did not freely consent to the sexual acts under RSA 632-A:2, I(m).
2. Whether the trial court unsustainably exercised its discretion by withholding additional records after conducting an in camera review.
3. Whether the trial court erred by excluding evidence concerning the lack of admissions and the nature and duration of the defendant's police interview as inadmissible hearsay.

Disposition

affirmed