United States v. LaVictor, No. 15-1580 (6th Cir. 2017)
Annotate this CaseAfter a night of heavy drinking, LaVictor and his girlfriend, C.B., returned to LaVictor’s mother’s house on the Chippewa Reservation. During the night, LaVictor contacted emergency services because C.B. was bleeding from her vagina. Tribal police arrived with emergency personnel. LaVictor stated that he and C.B. had engaged in consensual sex. C.B. told the first stated that, while having sex, LaVictor became angry and stuck an unknown object inside of her. She later reported that the object was a wine bottle and that the relationship was abusive. C.B. was taken to the emergency room and had surgery to repair a two-centimeter perineal laceration and lacerations extending up the vaginal mucosa. C.B. testified that the sex was consensual. LaVictor was sentenced to 355 months in prison for: Attempted Sexual Abuse, 18 U.S.C. 242(2)(B); Aggravated Sexual Abuse through vaginal penetration, 18 U.S.C. 2241(a)(1); Aggravated Sexual Abuse through anal penetration; Assault Resulting in Serious Bodily Injury, 18 U.S.C. 113(a)(6); Domestic Assault Habitual Offender, 18 U.S.C. 117; Witness Tampering, 18 U.S.C. 1512(b)(1). The Sixth Circuit affirmed, upholding the admission of expert testimony on domestic violence and victim recantation, of testimony about LaVictor’s prior acts of violence against other women, and of C.B.’s grand jury testimony, and the court’s refusal to give a jury instruction on consent.
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