Wtf?
via Fark:
Court rules that mentally retarded woman with cerebral palsy who can only communicate with one finger was asking for it because she didn't bite the man who was raping her, releases rapist from prison. Sounds legitimate
The state Supreme Court has thrown out the conviction of a Bridgeport man who was found guilty of sexually assaulting a severely handicapped woman.
Justices ruled, 4-3, that despite evidence that the 26-year-old woman cannot speak and has little body movement, there was no evidence she could not communicate her refusal to have sex with the defendant, Richard Fourtin Jr.
Fourtin's lawyer, Senior Assistant Public Defender Nicole Donzello, declined to comment on the decision.
Fourtin, 28, was convicted in 2008 of attempted sexual assault and sentenced to six years in prison.
The woman, who was not identified in court, has severe cerebral palsy and cannot verbally communicate, according to court documents.
The ruling centers around the state proving that the victim was physically helpless at the time of the attack, which is defined as ‘‘unconscious or for any other reason is physically unable to communicate
unwillingness to an act."
However, defense lawyers argued that there was evidence she could communicate by biting, kicking, screaming and gesturing.
more
State Supreme Court Tosses Sex Assault Conviction | NBC Connecticut
via Fark:
Court rules that mentally retarded woman with cerebral palsy who can only communicate with one finger was asking for it because she didn't bite the man who was raping her, releases rapist from prison. Sounds legitimate
The state Supreme Court has thrown out the conviction of a Bridgeport man who was found guilty of sexually assaulting a severely handicapped woman.
Justices ruled, 4-3, that despite evidence that the 26-year-old woman cannot speak and has little body movement, there was no evidence she could not communicate her refusal to have sex with the defendant, Richard Fourtin Jr.
Fourtin's lawyer, Senior Assistant Public Defender Nicole Donzello, declined to comment on the decision.
Fourtin, 28, was convicted in 2008 of attempted sexual assault and sentenced to six years in prison.
The woman, who was not identified in court, has severe cerebral palsy and cannot verbally communicate, according to court documents.
The ruling centers around the state proving that the victim was physically helpless at the time of the attack, which is defined as ‘‘unconscious or for any other reason is physically unable to communicate
unwillingness to an act."
However, defense lawyers argued that there was evidence she could communicate by biting, kicking, screaming and gesturing.
more
State Supreme Court Tosses Sex Assault Conviction | NBC Connecticut
