ESPINOSA, J.
The primary question presented in this appeal is whether evidence of uncharged sexual misconduct that occurred twelve years before a charged offense is too remote to be admissible pursuant to the factors set forth in State v. DeJesus, 288 Conn. 418, 476, 953 A.2d 45 (2008). The defendant, Roberto Acosta, appeals
The Appellate Court set forth the following facts and procedural history. "One afternoon in the spring of 2009, A,
"When A's dog started barking, she looked outside and saw her uncle, the defendant, approaching the front door. He had not previously visited their home, and he did not live in the area. She opened the door and greeted him with a hug and a kiss because `he was family.' After chatting for a bit, A took the defendant for a tour of the house. He asked where her parents were, and she told him that they would not be home until 6 p.m. The tour concluded in her bedroom, where she proceeded to show the defendant her snow globe collection.
"A was beginning to feel uncomfortable with the situation on her bed when the defendant instructed her to remove her shirt. She complied, and he unhooked her bra and started rubbing her breasts. At that point, he took her hand and placed it on his genital area on the outside of his pants. He told her to get undressed while he removed his own clothing. A `just followed what he said' because she did not know if he would hurt her. The defendant spread her legs and engaged in penile-vaginal intercourse with her. Approximately fifteen minutes later, after again asking what time her parents would be home, the defendant got dressed, told her `to tell [her] parents that he said "hi,"' and then left the house. A was `confused' and `embarrass[ed],' and decided that she would not tell anyone about what had happened between her and the defendant.
"In January, 2012, while A was on a trip to New York City with two of her close friends, the girls decided to play a game of `confessions.' A knew she could trust her girlfriends and told them that her uncle, the defendant, had sexually assaulted her. They all were upset, and A made her friends promise not to disclose the incident to anyone. Approximately one week later, however, one of the girls reported the incident to her guidance counselor at school, and A was asked to speak with her guidance counselor and a social worker. After she confirmed that she had been sexually assaulted by the defendant, an investigation commenced, and the defendant was arrested and charged with the three crimes [of] which he was convicted." (Footnote added.) Id., at 775-76, 129 A.3d 808.
"Prior to trial, the state filed a notice of its intent to offer evidence of the defendant's prior misconduct involving three additional female family members. The alleged incidents took place in 1990, 1997, and 2006, when the prepubescent girl family members were between nine and ten years of age. On the first day of trial, outside the presence of the jury, the parties discussed the state's request. Defense counsel voiced his opposition to the proffered testimony with respect to the 1990 and the 1997 incidents. Id., at 777, 129 A.3d 808. The defendant "did not object to the state's proffer of evidence with respect to the 2006 incident."
"With respect to the 1990 incident, the state indicated that the young girl at issue was the defendant's niece and that the defendant began having sexual conversations with her when she was nine or ten years old. Those inappropriate sexual conversations continued for a few years. Defense counsel argued that the conduct was too remote in time and that there had been no sexual contact, as had been alleged in the other incidents. The court, after stating the legal standard for the admission of prior uncharged sexual misconduct set forth in State v. DeJesus, [supra, 288
"With respect to the 1997 incident, the proffered evidence was that the defendant grabbed the hand of J, his nine year old niece, and placed it on his genital area. Defense counsel argued: `1997 is distant, so we do object, although you have an allegation of actual contact. And I will admit that's ... as far as I'm concerned, a much closer call. I'm not going to concede that it should come in because I think on top of the other one, it is prejudicial.' The court ruled that the proffered evidence was relevant and that its probative value outweighed the prejudicial effect from its admission.
"At trial ... J was called as a state's witness to testify about the defendant's prior misconduct in 1997. J testified that her uncle, the defendant, sexually molested her when she was nine years old. She testified that she and her two brothers were at her grandmother's house, where they often visited and where the defendant would pay them to do chores. The defendant sent the brothers away `to do something,' and J remained in the kitchen alone with the defendant. After her brothers left, the defendant placed a long white tube sock around her eyes and then grabbed her hand and placed it on his genital area. Once J realized what it was, she yanked her hand back and pulled the sock from her eyes. She told the defendant that she was going to tell her parents what had happened, and she ran from the kitchen." (Footnote omitted.) Id., at 777-79, 129 A.3d 808.
"[T]he jury returned a verdict of guilty on all three counts of the substitute long form information. The court accepted the verdict and rendered judgment accordingly. The defendant was sentenced to thirty years incarceration, execution suspended after seventeen years, followed by twenty-five years of probation with various conditions." Id., at 777, 129 A.3d 808. This certified appeal followed.
"It is well established that we review the trial court's decision to admit evidence ... for an abuse of discretion." (Internal quotation marks omitted.) State v. Smith, 313 Conn. 325, 336, 96 A.3d 1238 (2014). Generally, "[e]vidence of other crimes, wrongs or acts of a person is inadmissible to prove the bad character, propensity, or criminal tendencies of that person...." Conn. Code Evid. § 4-5 (a). Exceptions exist, however, and "[e]vidence of other sexual misconduct is admissible in a criminal case to establish that the defendant had a tendency or a propensity to engage in aberrant and compulsive sexual misconduct" if certain conditions are satisfied. Conn. Code Evid. § 4-5 (b).
Strong public policy concerns justify this exception for prior sexual misconduct. See State v. DeJesus, supra, 288 Conn. at 468, 953 A.2d 45 (recognizing that "strong public policy reasons continue to exist to admit evidence of uncharged misconduct more liberally in sexual assault cases than in other criminal cases"). First, "in sex crime cases generally, and in child molestation cases in particular, the offense often is committed surreptitiously, in the absence of any neutral witnesses. Consequently, courts allow prosecutorial authorities greater latitude in using prior misconduct evidence to bolster the credibility of the complaining witness and to aid in the obvious difficulty of proof." (Internal quotation marks omitted.) Id., at 468-69, 953 A.2d 45. "Second, because of the unusually aberrant
Accordingly, this court has long held that "[e]vidence of prior sex offenses committed with persons other than the prosecuting witness is admissible to show a common design or plan where the prior offenses (1) are not too remote in time; (2) are similar to the offense charged; and (3) are committed upon persons similar to the prosecuting witness."
Drawing on the aforementioned public policy justifications, this court in DeJesus reaffirmed that "evidence of uncharged sexual misconduct properly may be admitted in sex crime cases to establish that the defendant had a tendency or a propensity to engage in aberrant and compulsive criminal sexual behavior if: (1) the trial court finds that such evidence is relevant to the charged crime in that it is not too remote in time, is similar to the offense charged and is committed upon persons similar to the prosecuting witness;
Because we have repeatedly emphasized the connectedness of the three DeJesus relevancy factors, we decline to adopt a bright line rule for remoteness, or a rule that establishes a presumption that after ten years the uncharged conduct is too remote. In fact, in the present case, the uncharged sexual misconduct is not too remote in and of itself. In our cases predating DeJesus,
In the present case, twelve years elapsed between the uncharged and charged conduct. State v. Acosta, supra, 162 Conn.App. at 783, 129 A.3d 808. We recognize that twelve years is "not an insignificant period of time...." State v. Jacobson, supra, 283 Conn. at 632, 930 A.2d 628; see id. (describing six to ten year interval as not "insignificant"). Nevertheless, because we do not review the individual prongs of the DeJesus relevancy test in isolation, we may observe that the 1997 uncharged sexual misconduct is not a lone incident. Indeed, as we have already explained in this opinion, the trial court admitted evidence of uncharged sexual misconduct from 2006, to which the defendant did not object. State v. Acosta, supra, 162 Conn.App. at 777 n.2, 129 A.3d 808. The 2006 evidence diminishes the remoteness concerns of the 1997 uncharged sexual misconduct by bridging the gap between the 1997 incident and the charged misconduct. Rather than an isolated incident, separated from the charged offense by an unbroken gap of twelve years, the 1997 uncharged misconduct is part of a sequence including both the 2006
The similarity of the conduct involved in the charged and uncharged incidents also supports the trial court's conclusion that the uncharged misconduct evidence was relevant under DeJesus. "It is well established that the victim and the conduct at issue need only be similar — not identical — to sustain the admission of uncharged misconduct evidence." State v. George A., 308 Conn. 274, 298 n.24, 63 A.3d 918 (2013). Additionally, differences in the severity of misconduct may "not illustrate a behavioral distinction of any significance" when a victim rebuffs or reports the misconduct. (Internal quotation marks omitted.) State v. McKenzie-Adams, 281 Conn. 486, 531, 915 A.2d 822, cert. denied, 552 U.S. 888, 128 S.Ct. 248, 169 L.Ed. 2d 148 (2007).
For example, in State v. McKenzie-Adams, supra, 281 Conn. at 489-90, 915 A.2d 822, the defendant, a high school teacher, had been convicted of thirteen counts of sexual assault in the second degree against two of his students. The defendant had penile-vaginal intercourse with one of the students on several occasions, and had engaged in oral sex with the other student and had digitally penetrated her vagina. Id., at 491-96, 915 A.2d 822. This court concluded that the trial court did not abuse its discretion in admitting uncharged sexual misconduct evidence from a third student, even though the defendant's conduct toward her culminated in inappropriate comments and touching, because "the jury reasonably could have inferred from [the third student's] testimony that [the defendant's] misconduct ceased only after she rebuffed his sexual advances and reported his behavior to her mother and brother." Id., at 531, 532, 915 A.2d 822.
In the present case, the charged and uncharged misconduct are sufficiently similar. In the initial stages of both incidents, the defendant placed the victim's hand on his penis. State v. Acosta, supra, 162 Conn. App. at 776, 779, 129 A.3d 808. The defendant argues that the initial stages of the respective assaults are different, because the charged misconduct against A began with compliments and touching, whereas the uncharged misconduct against J began by tricking the victim into touching his penis. This argument is unconvincing, however, because the charged and uncharged misconduct need only be similar; State v. George A., supra, 308 Conn. at 298 n.24, 63 A.3d 918; and it is enough that the defendant placed both victims' hands on his penis. Furthermore, although the defendant's misconduct toward A escalated to vaginal penetration, and his misconduct toward J culminated in inappropriate contact; State v. Acosta, supra, at 776, 779, 129 A.3d 808; the distinction is unpersuasive. Indeed, because J rebuffed the defendant and threatened to report his actions; id., at 779, 129 A.3d 808; the jury reasonably could have inferred that he stopped only because she rebuffed his sexual advances.
The victims were sufficiently similar to render the 1997 misconduct relevant under DeJesus. As with conduct, "the victim[s]... at issue need only be similar — not identical — to sustain the admission of uncharged misconduct evidence." State v. George A., supra, 308 Conn. at 298 n.24, 63 A.3d 918. Age and familial status may suggest victim similarities. See State v. DeJesus, supra, 288 Conn. at 475, 953 A.2d 45 (taking into account that "[t]he women were similar in age," when weighing similarity of victims); State v. Kulmac, 230 Conn. 43, 63, 644 A.2d 887 (1994) (observing that in context of victim similarity, familial type relationship between defendant and victim's family gave him access to victim). In the present case, both victims were prepubescent at the time of the misconduct. State v. Acosta, supra, 162 Conn. App. at 783, 129 A.3d 808. Furthermore, both were nieces of the defendant. Id. The familial relationships offered the defendant access to the victims and the opportunity for his actions. With regard to the charged misconduct, A let the defendant into her house even though he had never been to visit, because "he was family." (Internal quotation marks omitted.) Id., at 775, 129 A.3d 808. In the 1997 incident, the defendant had access to J because they were both in the home of another family member. Id., at 779, 129 A.3d 808.
Finally, we observe that the public policy underpinnings of DeJesus are particularly relevant here. The defendant's misconduct occurred when the victims of the 1997 misconduct and the charged misconduct were alone in private places. See State v. Acosta, supra, 162 Conn.App. at 775, 779, 129 A.3d 808 (describing respective victims as being alone in private homes with defendant at time of misconduct). He was able to act, therefore, "surreptitiously, in the absence of any neutral witnesses." (Internal quotation marks omitted.) State v. DeJesus, supra, 288 Conn. at 468, 953 A.2d 45. As a result, the uncharged misconduct evidence serves the important roles of providing a "necessary motive or explanation for an otherwise inexplicably horrible crime," helping the jury to determine whether the "defendant has been falsely accused of such shocking behavior." Id., at 469-70, 953 A.2d 45. These considerations further emphasize the relevance of the 1997 uncharged sexual misconduct evidence. Accordingly, the Appellate Court properly concluded that the trial court did not abuse its discretion in admitting uncharged sexual misconduct evidence that occurred twelve years prior to the charged conduct because it satisfied the requirements of DeJesus.
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.