Recent Grant of Review By Supreme Court on Corroboration Requirement in CSC Prosecution

State v. Kasey Vo Cao, Minn.Ct.App., 8/25/2009, review granted, 11/18/2009.  During closing argument in this third degree criminal sexual conduct prosecution, the prosecutor told the jury that corroboration of the victim’s testimony was not necessary.  There was no defense objection to this statement but the Court of Appeals held that this was “plain error” that entitled Mr. Kasey Vo Cao to a new trial.  In this case, the victim could not recall the events and Mr. Kasey Vo Cao testified that sex was consensual.  The Court of Appeals concluded that notwithstanding Minn.Stat. 609.347, subd. 1, which says that corroboration is not necessary in a prosecution for third degree criminal sexual conduct, corroboration was required in this instance.