Sexual Assault

State of Wyoming v. D.V.--2014

Jurisdiction: Campbell County District Court

Charges: Count I- Attempted 1st Degree Sexual Assault, Count II- 3rd Degree Sexual Assault

Defense: Defendant and his girlfriend were attending a large barbecue party at a friend’s house. Many of the guests were drinking heavily including the Defendant and the alleged victim. Substantial evidence existed that the alleged victim was very intoxicated and at some point retired to a guest room. The Defendant and his girlfriend retired to another guest room. The alleged victim reported that at some point in the night the Defendant came into her room and sexually assaulted her. The Defendant’s DNA was found on the alleged victim’s body via a sperm sample. Mr. Carter argued and presented evidence that the Defendant had sexual relations with his girlfriend and that the sexual assault never took place and any transfer of DNA was transferred within the commonly shared restroom of his girlfriend and the alleged victim.

Disposition: Count I- Dismissed at Preliminary Hearing for lack of probable cause. Count II- Acquitted at Jury Trial.

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State of Wyoming v. S.L.--2008

Jurisdiction: Campbell County Circuit Court

Charges: First Degree Sexual Assault

Defense: Mr. Carter argued at the Preliminary Hearing that there was compelling evidence indicating that the alleged victim was not incapable of providing consent under the 1st Degree Sexual Assault statute.

Disposition: Dismissed for lack of probable cause at Preliminary Hearing.

State of Wyoming v. D.R.--2002

Jurisdiction: Crook County District Court

Charges: First Degree Sexual Assault

Defense:Defendant originally pled guilty to 3rd Degree Sexual Assault and was sentenced to prison when represented by other counsel. Mr. Carter appealed his conviction, alleging that there was no factual basis for the conviction. The Wyoming Supreme Court reversed the conviction, Defendant was released from prison, and the matter went to trial on the original charge of 1st Degree Sexual Assault. Mr. Carter argued that the alleged victim in the matter did not suffer from a mental disability making her incapable of understanding or consenting to sexual activity.

Disposition: Acquitted at Jury Trial.

State of Wyoming v. J.K.--2000

Jurisdiction: Campbell County District Court

Charges: 22 Counts of Sexual Assault

Defense: Defendant was charged with numerous counts of 1st Degree Sexual Assault, Indecent liberties, and Incest. Mr. Carter was able to have 7 of the 22 charges dismissed prior to trial. Mr. Carter argued that the alleged victim was not a credible witness, had a motive to make false allegations against Defendant, and that Defendant possessed an alibi to several of the charges.

Disposition: Acquitted of all remaining charges at Jury Trial.