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Cheyenne man's appeal to his sexual assault on a minor convictions denied in Wyoming Supreme Court

Cheyenne man's appeal to his sexual assault on a minor convictions denied in Wyoming Supreme Court

(Cheyenne, Wyo.) - The Wyoming Supreme Court denied a Cheyenne man's appeal to have his sex assault on a minor convictions overturned. Julian Marfil, 45, contends that the district court abused its discretion when it refused his proffered instruction defining the term "inflicts," and the district court erred when it denied the jury's request for a dictionary during its deliberations. Jan 8, 2014, Laramie County Sheriff Deputies conducted a welfare check on a 15 year old at the Pioneer Hotel in Cheyenne, after the minor missed a therapy appointment arranged by the Wyoming Department of Family Services. During that check, the minor and Marfil were found in bed together. On Dec. 16, 2013, the minor turned 15 and was already pregnant by Marfil, the minor gave birth to the child Sept. 14, 2014. Marfil's theory of defense was that he did not "inflict" sexual intrusion, because the minor consented to sex. While the court stated it "recognizes that a minor under the age of 16 years of age cannot consent to an act of sexual intercourse with a person who is over four years older than the victim." The court rejected because the term "inflicts" is not defined in the statutes governing sexual assault offenses, and in the context of the surrounding statutory provisions, Marfil's proposed definition simply did not fit, and finally, that the Court held that consent is not a defense to an offense involving sexual assault of a minor. Marfil was found guilty by the jury and sentenced to two concurrent sentences of 13 to 16 years on Feb. 10, 2015. #shortgo #news