State v. Castellucci

Summary

The Rhode Island Supreme Court affirmed Thomas Castellucci’s convictions for one count of first-degree child molestation and two counts of second-degree child molestation. The court held that the trial justice properly excluded cross-examination concerning alleged prior sexual conduct because the defendant failed to provide the notice required by Rhode Island’s rape-shield statute, and that the venue challenge was waived because it was not raised below.

Holdings

1. The trial justice properly precluded further questioning about the victim's alleged prior sexual conduct because the defendant failed to provide the advance notice required by G.L. 1956 § 11-37-13 and Rhode Island Rule of Evidence 412.
2. The defendant waived his challenge to testimony establishing that the alleged crimes occurred in Rhode Island because he did not object when the testimony was offered at trial.
3. The State was not required to prove venue as an element of the crimes.

Questions Presented

1. Whether the trial justice properly applied Rhode Island's rape-shield statute by precluding defense counsel from pursuing cross-examination about an alleged prior sexual incident involving the victim and a cousin when the defendant gave no advance notice.
2. Whether the trial justice erred by admitting testimony establishing that the alleged offenses occurred within Rhode Island when the defendant did not object at trial.
3. Whether the State was required to prove venue in Rhode Island as an element of the charged crimes.

Disposition

affirmed