People v. Blunt

The sole issue in this ease is whether the 23-year-old prosecuting witness was so mentally deficient that she could not give effective consent to an act of intercourse. The jury found the defendant guilty of rape. He appeals from a denial of his motion for new trial and the resultant sentence to the penitentiary for a term of 3 to 5 years.

Ill Rev Stats 1963, c 38, ¶ 11-1, so far as here pertinent, reads:

“Intercourse by force and against her will includes, but is not limited to, any intercourse which occurs in the following situations:(1) •••(2) Where the female is so mentally deranged or…