Stewart v. State

Iffn 2011, appellant Billy Wayne Stewart was found guilty by a jury of the rape of J.H., in violation of Arkansas Code Annotated section 5-14-103(a)(2)(B) (Repl. 2005), which provides that a person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person who is incapable of consent because he or she is mentally defective. At the time of the rape, J.H. was twenty-three years of age but functioned on a first-or second-grade level and was under the guardianship of another person. Appellant, who was a friend of the family, stayed with J.H. and her…