Man Convicted of Sex Assault on Disabled Woman Freed
Court: She could have communicated dissent
By John Johnson, Newser Staff
Posted Oct 3, 2012 1:41 PM CDT
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(Newser) – Connecticut's Supreme Court has set free a man convicted of sexually assaulting a woman with severe mental and physical disabilities. The reason? The defense successfully argued that the 26-year-old woman could have made clear she didn't consent by biting or kicking him, reports the Connecticut Post. The woman has cerebral palsy and the mental capacity of a 3-year-old. She cannot speak, and her physical movement is largely restricted to moving her right index finger, says the Post, which would make kicking her assailant all but impossible.

Nevertheless, "we are not persuaded that the state produced any credible evidence that the [victim] was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault," declares the 4-3 opinion, according to NBC Connecticut. The decision holds people with disabilities to a "higher standard," complains one advocate. “Failing to bite an assailant is not the same thing as consenting to sexual activity.” Richard Fourtin Jr., 28, is free and cannot be tried again.

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Showing 3 of 41 comments
HANKHILL
Oct 4, 2012 7:41 AM CDT
GEE NOW WE HAVE NORWAY IN CONNECTICUT HOW SICK IS SICK!
Smitty6398
Oct 4, 2012 12:41 AM CDT
Isn't it ironic that a convicted person can get an appeal on their conviction several times; and the court only has to rule in their favor once for them to be exonerated. Hopefully, the 4 Justices are up for re-election, although I doubt it as most high-level jurists are appointed (like the US SUPREME COURT) and eventually age beyond the beliefs of the constituents they serve. Perhaps a recall petition at the state level; there should be some citizen outcry ! REMEMBER TO VOTE !!! NRA
HANKHILL
Oct 3, 2012 10:47 PM CDT
GEE NOW WE HAVE NORWAY IN CONNECTICUT HOW SICK IS SICK! FIND FOURTIN HANG HIM HANG THE JUDGE AND ALL INVOLVED IN THIS SHAMFULL THING!