State v. Tavares
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The defendant, Victor Tavares, was convicted by a jury on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault. The charges stemmed from an incident that occurred at a party in 2012, where Tavares and another man, Franklin Johnson, were accused of sexually assaulting a woman named Mary. The evidence against Tavares included Mary's testimony, a used condom found at the scene, and DNA evidence linking Johnson to the condom. Tavares, who represented himself at trial and on appeal, raised twelve issues for consideration.
Before the Supreme Court of Rhode Island, Tavares argued that the trial court erred in several ways, including by not dismissing the indictment based on the rule of consistency, the doctrine of collateral estoppel, and the General Assembly's lack of authority to enact criminal laws. He also claimed that the trial court improperly conducted voir dire and allowed the introduction of Johnson's DNA evidence.
The Supreme Court rejected all of Tavares's arguments. It held that the trial court properly conducted voir dire and correctly allowed the introduction of Johnson's DNA evidence. The court also found that the General Assembly had the authority to enact the criminal laws under which Tavares was charged and convicted. Furthermore, the court ruled that the doctrines of collateral estoppel and the rule of consistency did not apply in this case. Therefore, the Supreme Court affirmed Tavares's conviction.
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