Frederik Marinus Tombroek v. State of Wyoming

Summary

The Supreme Court of Wyoming affirmed Frederik Marinus Tombroek’s conviction for first-degree sexual assault. The court held that testimony concerning the victim’s prior consistent statements was properly admitted under Wyoming Rule of Evidence 801(d)(1)(B), and that sufficient evidence supported the finding that the victim was incapable of appraising the nature of her conduct due to a mental disability.

Holdings

1. The district court did not abuse its discretion by admitting the victim's prior statements through testimony from her mother, sister, examining doctor, and investigating officer because the statements satisfied W.R.E. 801(d)(1)(B).
2. Sufficient evidence supported the jury's finding that the victim was incapable of appraising the nature of her sexual conduct because of a mental disability and that Tombroek knew or reasonably should have known both of the disability and its effect.

Questions Presented

1. Whether the district court abused its discretion by admitting testimony about the victim's prior consistent statements under W.R.E. 801(d)(1)(B).
2. Whether sufficient evidence supported the finding that the victim was incapable of appraising the nature of her conduct under Wyo. Stat. Ann. § 6-2-302(a)(iv), and that Tombroek knew or reasonably should have known of that incapacity.

Disposition

affirmed