KOSRAE STATE COURT TRIAL DIVISION
Cite as Kosrae v. Jonah
10 FSM Intm. 270 ( Kos. S. Ct. Tr. 2001)
 
[10 FSM Intrm. 270]
 
STATE OF KOSRAE,
Plaintiff,
 
vs.
 
ANTON JONAH,
Defendant.
 
CRIMINAL CASE NO. 29-01
 
JUDGMENT OF ACQUITTAL
 
Aliksa B. Aliksa
Associate Justice
 
Trial: June 19, 2001
 
Decided: June 19, 2001
 
Memorandum Entered: June 26, 2001
 
APPEARANCES:
 
For the Plaintiff:                              April D.M. Skilling, Esq.
                                                         Acting Attorney General
                                                         Office of the Kosrae Attorney General
                                                         P.O. Box 870
                                                         Lelu, Kosrae FM 96944
 
For the Defendant:                        Teresa L. Cannady, Esq.
                                                        Office of the Public Defender
                                                        P.O. Box 245
                                                        Lelu, Kosrae FM 96944
 
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[10 FSM Intrm. 271]
 
HEADNOTES
 
Criminal Law and Procedure ) Sexual Offenses
     When the state has failed to prove beyond a reasonable doubt that the sexual penetration was made against the complainant's will, the state has not carried its burden of proof and the sexual assault charge must be dismissed. Kosrae v. Jonah, 10 FSM Intrm. 270, 272 (Kos. S. Ct. Tr. 2001).
 
Criminal Law and Procedure ) Assault and Battery
     When the defendant did not strike, beat, wound or otherwise cause bodily harm to the complainant, the state has failed to prove beyond a reasonable doubt that the defendant committed an assault and battery upon the complainant, and that charge must be dismissed. Kosrae v. Jonah, 10 FSM Intrm. 270, 272 (Kos. S. Ct. Tr. 2001).
 
* * * *
 
COURT'S OPINION
 
ALIKSA B. ALIKSA, Associate Justice:

     This matter was called for trial on June 19, 2001. Plaintiff was represented by April D.M. Skilling, Acting Attorney General. Teresa L. Cannady, Public Defender, appeared on behalf of the Defendant. Defendant was tried on the charge of sexual assault, in violation of Kosrae State Code, Section 13.311 and on the charge of assault and battery, in violation of Kosrae State Code, Section 13.303. The actions giving rise to this case occurred on or about February 5, 2000, against the complainant, Sally R. George. The following persons testified at the trial: Meriam Edgar, Sally R. George, Weston Luckymis, Darryl Henderson and Anton Jonah.

     After the trial, I announced my decision in this case. Based upon the evidence presented at trial, I found that the Plaintiff had failed to prove beyond a reasonable doubt that the Defendant had committed the crimes alleged in the Information. Accordingly, I found the Defendant not guilty on both charges of sexual assault, and assault and battery, and acquitted the Defendant of both charges. This Judgment of Acquittal sets forth the Court's findings of facts and reasoning.

I. Findings of Facts.

     Both the Defendant and the complainant are employees of Micronesia Petroleum Company ("MPC"), at its offices located at Okat, near the airport. Both the Defendant and the complainant were also employed by MPC during the time of the incident in February 2000. The complainant had come to the MPC offices on February 5,2000, a Saturday, to put away and lock up the collections from the prior business day. The process of locking up of Friday's collections on a Saturday was not a usual procedure, as collections were usually put away on a daily basis at the close of each business day.

      On February 5, 2000, complainant came alone to the MPC office building. While the complainant was inside the building, the Defendant entered the building. When the Defendant met up with the complainant inside the building, he grabbed her from behind. The Defendant started kissing the complainant and her breasts, and led the complainant to a couch in an office. Once on the couch Defendant tried to remove the complainant's panties. At first the complainant held on to her panties, but then let go of them. While the complainant first acted reluctant to engage in sexual intercourse, she later submitted to the Defendant's actions. Defendant performed oral intercourse upon the complainant, and then the parties had sexual intercourse. The complainant did not push the Defendant away, nor fight him off. The complainant did not yell or scream for help. The actions of the

[10 FSM Intrm. 272]

complainant during the oral and sexual intercourse implied that the complainant did not object to these actions. The complainant did not report the incident to her supervisor. The complainant did not report the incident to police, nor file a complaint against the Defendant, until over a year later.

After this incident, the complainant and the Defendant worked together in the same office building at MPC for more than one year. From February 2000, when the incident occurred, until more than one year later, April 2001, there was no report or complaint made by the complainant against the Defendant. The complainant and Defendant continued to work together at the same office even at the time of trial.

     Some time in April 2001, rumors of an affair between the complainant and the Defendant began to circulate around MPC and the community. It was also sometime in April 2001 that the complainant decided to file her complaint against the Defendant. Weston Luckymis, Assistant General Manager for MPC, discussed the filing of the complaint with the complainant. The complainant informed Mr. Luckymis that the main reason for her filing the complaint against the Defendant was because of the spreading rumors of the alleged affair between her and the Defendant, and because she was ashamed of the rumors.

II. Conclusions of Law.

A. Sexual Assault.

     Kosrae State Code, Section 13.311, sets forth the definition of sexual assault. "Sexual assault is intentionally subjecting another person to sexual penetration . . . against the other person's will . . . ."

     Based upon the evidence received at trial, it is clear that the complainant and the Defendant did have oral intercourse and sexual intercourse. Based upon the evidence received at trial, I found that the intercourse was not done against the will of the complainant. The State has failed to prove beyond a reasonable doubt that the sexual penetration was made against the complainant's will. Therefore, the State has not carried its burden of proof and the charge must be dismissed. The Defendant is found not guilty of the crime of sexual assault.

B. Assault and Battery.

     The crime of assault and battery is defined as the striking, beating, wounding, or otherwise doing bodily harm to another. Kos. S.C.  13.303.

     Based upon the evidence received at trial, I found that the Defendant did not strike, beat, wound or otherwise cause bodily harm to the complainant. The State has failed to prove beyond a reasonable doubt that the Defendant committed an assault and battery upon the complainant. Therefore, the State has not carried its burden of proof and the charge must be dismissed. The Defendant is found not guilty of the crime of assault and battery.

III. Judgment of Acquittal.

     The State did not prove beyond a reasonable doubt that the Defendant committed the crime of sexual assault, in violation of Kosrae State Code, Section 13.311. The State did not prove beyond a reasonable doubt that the Defendant committed the crime of assault and battery, in violation of Kosrae State Code, Section 13.303. The Defendant is acquitted of both charges and the Information is dismissed with prejudice.

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