You asked us to compare sentences given for 2^nd degree sexual assault crime at the Tolland judicial district with those given at the Bridgeport, Hartford, and New Haven judicial districts.

Sexual assault in the second degree (see Table 1) is a class C felony punishable by a prison term of up to 10 years, a fine of up to $ 10,000, or both. By law, anyone convicted of this offense must serve a prison term of at least nine months. The court may suspend all or a part of the balance of the sentence. A defendant is usually placed on parole or probation to serve the suspended portion of his sentence. He can be returned to prison if he violates the terms of the placement.

For FY 2000-01, the only year for which Judicial Department data is readily available to us, Tolland imposed the longest average sentence for 2^nd degree sexual assault (113) months. The shortest average sentence was imposed in Bridgeport (90 months). The average sentence for Hartford was 101 months and 100 months for New Haven.

When the suspended portions of the sentences are considered, the sentences in Tolland were actually shorter than in the other judicial districts. The average sentence in Tolland, taking into account the suspended portion, was 27 months. For Bridgeport it was 43. 6 months; Hartford, 66. 9 months; and New Haven, 61. 7 months (Table 1). The averages are based on five cases in Bridgeport, 15 in Hartford, seven in New Haven, and two in Tolland.

It should be noted that looking at a longer time period and more cases might produce different results. Also, the actual sentence given in a particular case usually reflects factors other than the offense itself. For example, the court usually considers the offender's prior record, the circumstances surrounding the offense, and the offender's background and mental status when imposing a sentence.

(Table 1 follows. )Table 1: Sentences for 2^nd-Degree Sexual Assault in Bridgeport, Hartford, New Haven, and Tolland Judicial Districts

for Fiscal Year 2000-01*

Source: Larry D'Orsi, Judicial Department

* A person is guilty of 2^nd degree sexual assault when he engages in sexual intercourse and (1) the victim is 13 years of age or older but under age 16 and he is more than two years older than the victim; (2) the victim is mentally defective and cannot consent; (3) the victim is physically helpless; (4) the victim is under age 18 and the offender is a guardian or otherwise responsible for the general supervision of the victim's welfare; (5) the victim is in legal custody or detained in a hospital or other institution and the offender has supervisory or disciplinary authority over the victim; (6) the offender is a psychotherapist and the victim is the offender's (a) patient and the intercourse occurs during the psychotherapy session, (b) patient or former patient and is emotionally dependent upon the offender, or (c) a patient or former patient and the intercourse occurs by means of therapeutic deception; (7) the offender accomplishes sexual intercourse by falsely representing that it is for a bona fide medical purpose by a health care professional; or (8) the offender is a school employee and the victim is a student enrolled in his school or a school under his school board's jurisdiction (CGS § 53a-71).

GC: ro