Alaska Supreme Court

Dennis Davison v. State of Alaska

August 10, 20122012 Alas. LEXIS 114

Summary

The court held that statements made by the victim during a sexual-assault-response examination were not admissible under the medical-treatment hearsay exception because the examination was primarily forensic when all circumstances were considered. It nevertheless affirmed the conviction because the error did not appreciably affect the jury's verdict, which rested on the victim's trial testimony concerning penile penetration. The court remanded the sentencing issue to determine whether the allegations concerning digital and oral penetration were sufficiently verified for inclusion in the presentence report.