California Court of Appeal

In case involving sexual acts performed by a care provider on a mentally retarded woman in a group home, conviction of unlawful sexual penetration, unlawful oral copulation, sexual battery with restraint, and a lewd and lascivious act by a caretaker on a dependent person, with 8-year sentence, is affirmed there was sufficient evidence that, at the time and under the circumstances, the woman's mental impairment, and particularly her impaired understanding of the sex acts involved, rendered her incapable of giving legal consent.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gregory Marshall, under appointment by the Court of Appeal, Palo Cedro, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, and Ronald A. Jakob, Deputy Attorney General, for Plaintiff and Respondent.